it. S, DEPARTMENT OF LABOR 

BUREAU OF IMMIGRATION 


TREATY, LAWS, AND 
RULES GOVERNING THE 
ADMISSION OF CHINESE 




RULES OF MAY 1, 1917 

(Second Edition—November, 1917) 





WASHINGTON 

GOVERNMENT PRINTING OFFICE 
1917 























3 ^'’, 






Dp' 91 

MAh 3 ]9}g 


TREATY, LAWS, AND RULES GOVERNING 
THE ADMISSION OF CHINESE. 


TREATY BETWEEN THE UNITED STATES AND CHINA, 

CONCERNING IMMIGRATION. 

[22 Stat. L., 826.1] 

By the President of the United States of America. 

A PROCLAMATION. 

Whereas a Treaty between the United States of x4merica and 
China, for the modification of the existing treaties between the two 
countries, by providing for the future regulation of Chinese immi¬ 
gration into the United States, was concluded and signed at Peking 
in the English and Chinese languages, on the seventeenth day of 
November in the year of our Lord one thousand eight hundred and 
eighty, the original of the English text of w^hich Treaty is word for 
word as follows: 

AVTiereas, in the eighth year of Hsien Feng, Anno Domini 1858, 
a treaty of peace and friendship was concluded between the United 
States of America and China, and to which were added, in the seventh 
year of Tung Chih, Anno Domini 1868, certain supplementary 
articles to the advantage of both parties, which supplementary 
articles were to be perpetually observed and obeyed:—and 

Whereas the Government of the United States, because of the 
constantly increasing immigration of Chinese laborers to the territory 
of the United States, and the embarrassments consequent upon such 
immigration, now desires to negotiate a modification of the existing 
Treaties which shall not be in direct contravention of their spirit:— 
Now, therefore, the President of the United States of America has 
appointed James B. Angell, of Michigan, John F. Swift, of Cali¬ 
fornia, and William Henry Trescot, of South Carolina as his Com¬ 
missioners Plenipotentiary; and His Imperial Majesty, the Emperor 
of China, has appointed Pao Chiin, a member of His Imperial 
Majesty’s Privy Council, and Superintendent of the Board of Civil 
Office; and Li Hungtsao, a member of His Imperial Majesty’s Privy 
Council, as his Commissioners Plenipotentiary; and the said Com¬ 
missioners Plenipotentiary, having conjointly examined their full 
powers, and having discussed the points of possible modification in 
existing Treaties, have agreed upon the following articles in 
modification. 


1 Concluded Nov. 17, 1880; ratification advised by the Senate May 5, 1881; ratified by 
the President May 9, 1881 ; ratifications exchanged July 19, 1881; proclaimed Oct. 5, 
1881. 

o 







4 


TliEATY OE 1880. 


AirncLE 1. 

Whenever in the opinion of the Governnient of the Ignited States 
the coming of Chinese laborers to the United States, or their residence 
therein, affects or threatens to affect the interests of that country, or 
to endanger the good order of the said country or of any locality 
within the territory thereof, the Government of China agrees that the 
Government of the United States may regulate, limit, or suspend 
such coming or residence, but may not absolutely prohibit it.^ The 
limitation or suspension shall be reasonable, and shall apply only to 
Chinese who may go to the United States as laborers, other classes 
not being included in the limitations. Legislation taken in regard to 
Chinese laborers will be of such a character only as is necessary to 
enforce the regulation, limitation, or suspension of immigration, and 
immigrants shall not be subject to personal maltreatment or abuse. 

Article II. 

Chinese subjects, whether proceeding to the United States as 
teachers, students, merchants, or from curiosity, together with their 
body and household servants, and Chinese laborers who are now in 
the United States shall be allowed to go and come of their own free 
will and accord, and shall be accorded all the rights, privileges, 
immunities, and exemptions Avhich are accorded to the citizens and 
subjects of the most favored nation. 

Article III. 

If Chinese laborers, or Chinese of any other class, now either 
permanently or temporarily residing in the territory of the United 
States, meet Avith illtreatment at the hands of any other persons, 
the Government of the United States Avill exert all its poAver to devise 
measures for their protection and to secure to them the same rights, 
privileges, immunities, and exemptions as may be enjoyed by the 
citizens oi’ subjects of the most favored nation, and to which they are 
entitled by treaty. 

Article IV. 

The high contracting poAvers having agreed upon the foregoing 
articles, Avhenever the Government of the United States shall adopt 
legislatiA^e measures in accordance therewith, such measures Avill be 
communicated to the Government of China. If the measures as 
enacted are found to Avork hardship upon the subjects of China, the 
Chinese minister at Washington may bring the matter to the notice 
of the Secretary of State of the United States, aa ho Avill consider the 
subject Avith him; and the Chinese Foreign Office may also bring the 
matter to the notice of the United States minister at Peking and 
consider the subject Avith him, to the end that mutual and unqualified 
benefit may result. 

In faith whereof the respective Plenipotentiaries have signed and 
sealed the foregoing at Peking, in English and Chinese being three 

^ Affected by various provisions of law, prohibiting the admission of Chinese laborers to 
the United States. 



TREATY OF 1880. 


5 


originals of each text of even tenor and date, the ratifications of 
wliich shall be exchanged at Peking within one year from date of its 
execution. 

Done at Peking, this seventeenth day of November, in the year 
of our Lord, 1880. Kuanghsii, sixth year, tenth moon, fifteenth day. 


James B. Angell. [seal.] 

John F. Swift. | si:al.] 

Wm. FIenry Trescot. | seal.] 
Pao Chun. [seal.] 

Li Hungtsao. [seal.] 


And whereas the said Treaty has been duly ratified on both parts 
and the respective ratifications were exchanged at Peking on the 
19th day of July 1881: 

Now, therefore, be it known that I, Chester A. Arthur, President 
of the United States of America have caused the said Treaty to be 
made public to the end that the same and every article and clause 
thereof may be observed and fulfilled with good faith by the United 
States and the citizens thereof. 

In witness whereof, I have hereunto set my hand and caused the 
seal of the United States to be affixed. 

Done in Washington this fifth day of October in the year of our 
Lord one thousand eight hundred and eighty-one, and of the Inde¬ 
pendence of the United States the one hundred and sixth. 

[seal.] Chester A. Arthur. 

Bv the President: 

James G. Blaine, 

Secretary of State. 


LAWS RELATING TO THE ADMISSION OF CHINESE. 


PROVIDING FOR THE ENFORCEMENT OF THE EXCLUSION TREATY WITH 

CHINA. 

[Act of May 6, 1882, as amended and added to by act of July 5, 1884 (22 Stat. L., 58; 

23 Stat. L., 115).i] 

Section 1. That section one of the act entitled ‘‘ An act to execute 
certain treaty stipulations relating to Chinese,” approved May sixth, 
eighteen hundred and eighty-two, is hereby amended so as to read as 
follows: 

^Vhereas in the opinion of the Government of the United States 
the coming of Chinese laborers to this country endangers the good 
order of certain localities within the territory thereof; Therefore 

‘‘ Be it enacted hy the Senate and House of Representatives of the 
United States of Americain Congress assembled^ That from and after 
the passage of this act, and until the expiration of ten years next 
after the passage of this act, the coming of Chinese laborers to the 
United States be, and the same is hereby suspended, and during 
such suspension it shall not be lawful for any Chinese laborer to come 
from any foreign port or place, or having so come to remain within 
the United States.” 

Section two of said act is hereby amended so as to read as follows: 

“ Sec. 2. That the master of any vessel who shall knoAvingly bring 
within the United States on such vessel, and land, or attempt to land, 
or permit to be landed any Chinese laborer, from any foreign port or 
place, shall be deemed guilty of a misdemeanor, and, on conviction 
thereof, shall be punished by a fine of not more than five hundred 
dollars for each and every such Chinese laborer so brought, and may 
also be imprisoned for a term not exceeding one year.” 

Section three of said act is hereby amended so as to read as follows: 

“ Sec. 3. That the two foregoing sections shall not apply to Chinese 
laborers who were in the United States on the seventeenth day of 
November, eighteen hundred and eighty, or who shall have come 
into the same before the expiration of ninety days next after the 
passage of the act to which this act is amendatory, nor shall said 
sections apply to Chinese laborers, Avho shall produce to such master 
before going on board such A^essel, and shall produce to the collector 
of the port in the United States at Avhijch such A’^essel shall arrive, 
the evidence hereinafter in this act required of his being one of the 
laborers in this section mentioned; nor shall the Gvo foregoing sec¬ 
tions apply to the case of any master whose vessel, being bound to a 
port not Avithin the United States, shall come within the jurisdiction 
of the United States by reason of being in distress or in stress of 
Aveather, or touching at any port of the United States on its Amyage 

1 The act of May 0, 1882, as amended and added to hy the act of July 5, 1884, was 
continued in force for an additional period of 10 years from May 5, 1892, hy the act 
of May 5, 1892 (27 Stat. L., 25) ; and was, with all laws on this subject in force on Apr. 
29, 1902, reenacted, extended, and continued without modification, limitation, or condi¬ 
tion hy the act of Apr. 29, 1902 (32 Stat. L., 176), as amended hy the act of Apr. 27, 
1904 (33 Stat. L., 428). 

G 




LAWS RELATING TO THE ADMISSION OF CHINESE. 


7 


to any foreign port or place: Provided^ That all Chinese laborers 
brought on such vessel shall not be permitted to land except in case 
of absolute necessity, and must depart with the vessel on leaving 
port.” ^ 

^ 

“ Sec. G. That in order to the faithful execution of the provisions 
of this act, every Chinese person, other than a laborer, who may be 
entitled by said treaty or this act to come within the United States, 
and who shall be about to come to the United States, shall obtain 
the permission of and be identified as so entitled by the Chinese 
Government, or of such other foreign Government of which at the 
time such Chinese person shall be a subject, in each case to be evi¬ 
denced by a certificate issued by such Government, which certificate 
shall be in the English language, and shall show such permission, 
with the name of the permitted person in his or her proper signature, 
and which certificate, shall state the individual, family, and tribal 
name in full, title or official rank, if any, the age, height, and all 
])hysical peculiarities, former and present occupation or profession, 
when and where and how long pursued, and place of residence of the 
person to whom the certificate is issued, and that such person is 
entitled by this act to come Avithin the United States.^ 

“ If the person so applying for a certificate shall be a merchant, said 
certificate shall, in addition to above requirements, state the nature, 
character, and estimated value of the business carried on by him prior 
to and at the time of his application as aforesaid: Provided^ That 
nothing in this act nor in said treaty shall be construed as embracing 
within the meaning of the word ‘merchant,’ hucksters, peddlers, or 
those engaged in taking, drying, or otherwise preserving shell or 
other fish for home consumption or exportation.^ 

“ If the certificate be sought for the purpose of travel for curiosity, 
it shall also state whether the applicant intends to pass through or 
travel within the United States, together Avith his financial standing 
ill the country from which such certificate is desired. 

“ The certificate jDrovided for in this act, and the identity of the 
person named therein shall, before such person goes on board any 
A^essel to proceed to the United States, be viseed by the indorsement 
of the diplomatic representatiA^es of the United States in the foreign 
country from AAdiich such certificate issues, or of the consular repre¬ 
sentative of the United States at the port or place from Avhich the 
person named in the certificate is about to depart; and such diplo¬ 
matic representative or consular representative Avhose indorsement is 
so required is hereby empowered, and it shall be his duty, before 
indorsing such certificate as aforesaid, to examine into the truth of 
the statements set forth in said certificate, and if he shall find upon 
examination that said or any of the statements therein contained are 
untrue it shall be his duty to refuse to indorse the same. 

“ Such certificate viseed as aforesaid shall be prima facie evidence 
of the facts set forth therein, and shall be produced to the Chinese 
inspector in charge of the port in the district in the United States at 

1 Secs. 4 and 5 have been superseded by the act of Sept. 13, 1888, and are therefore 
omitted. If needed for reference in a historical way or in connection with prosecutions, 
see 23 Stat. L., 115. 

2 Official signing certificate must be known or shown to have authority from foreign 
Government (54 Fed.. 490). For list of such officials, see Rule 10. 

8 For definition of “ Merchant,” see sec. 2, act Nov. 3, 1893; of “ Student,” Rule 8. 



8 


LAWS RELATING TO THE ADMISSION OF CHINESE. 


which the person named therein shall arrive, and afterward produced 
to the proper authorities of the United States whenever lawfully 
demanded, and shall be the sole evidence permissible on the part of 
the person so producing the same to establish a right of entry into the 
United States; but said certificate may be controverted and the facts 
therein stated disproved by the United States authorities.”^ 

Sec. T. That any person who shall knowingly and falsely alter or 
substitute any name for the name written in such certificate or forge 
any such certificate, or knowingly utter any forged or fraudulent cer¬ 
tificate, or falsely personate any person named in any such certificate, 
shall be deemed guilty of a misdemeanor; and upon conviction 
thereof shall be fined in a sum not exceeding one thousand dollars, 
and imprisoned in a penitentiary for a term of not more than five 
years. 

Section eight of said act is hereby amended so as to read as follows: 

“ Sec. 8. That the master of any vessel arriving in the United 
States from any foreign port or place shall, at the same time he 
delivers a manifest of the cargo, and if there be no cargo, then at the 
time of making a report of the entry of the vessel pursuant to law, 
in addition to the other matter required to be reported, and before 
landing, or permitting to land, any Chinese passengers, deliver and 
report to the Chinese inspector in charge of the district in which such 
vessels shall have arrived a separate list of all Chinese passengers 
taken on board his vessel at any foreign port or place, and all such 
passengers on board the vessel at that time. Such list shall show the 
names of such passengers (and if accredited officers of the Chinese or 
of any other foreign Government, traveling on the business of that 
Government, or their servants, with a note of such facts), and the 
names and other particulars as shown by their respective certificates; 
and such list shall be sworn to by the master in the manner required 
by law in relation to the manifest of the cargo. 

‘‘Any refusal or willful neglect of any such master to comply with 
the provisions of this section shall incur the same penalties and for¬ 
feiture as are provided for a refusal or neglect to report and deliver a 
manifest of the cargo.” 

Sec. 9. That before any Chinese passengers are landed from any 
such vessel, the Chinese inspector in charge, or his deputy, shall pro¬ 
ceed to examine such passengers, comparing the certificates with the 
list and with the passengers; and no passenger shall be allowed to 
land in the United States from such vessel in violation of law. 

Section ten of said act is hereby amended so as to read as follows: 

“ Sec. 10. That every vessel whose master shall knowingly violate 
any of the provisions of this act shall be deemed forfeited to the 
United States, and shall be liable to seizure and condemnation in 
any district of the United States into v/hich such vessel may enter or 
in which she may be found.” ^ 

Section eleven of said act is hereby amended so as to read as 
follows: 


^ Flee. 6 certificates .—Must conform strictly to all requirements (18G U. S., 168, 170; 
83 Fed., 832; 133 Fed., 392; Op. Atty. Gen., 130). Administrative officers sole judge 
of sufficiency and weight of (186 U. S., 168, 176). Admission under not for laboring 
purposes (83 Fed., 832; 86 Fed., 605; 133 Fed., 154 and 391). Sole evidence permissible 
on part of Chinese (140 U. S., 424; 48 Fed., 668; 93 Fed., 797 ; 97 Fed., 576; 100 Fed., 
609). Are prima facie evidence only, and may be ignored where there is any impeach¬ 
ing evidence at all (186 V. S., 168; 217 Fed., 45). 

2 See 148 Fed., 918 and 921. 



LAWS RELATING TO THE ADMISSION OF CHINESE. 


9 


Sec. 11. Tnat any person who shall knowingly bring into or 
cau^ to be brought into the United States by land, or who shall aid 
or abet the same, or aid or abet the landing in the United States from 
any vessel, of any Chinese person not lawfully entitled to enter the 
United States, shall be deemed guilty of a misdemeanor, and shall on 
conviction thereof, be fined in a sum not exceeding one thousand 
dollars, and imprisoned for a term not exceeding one year.” ^ 

Section twelve of said act is hereby amended so as read as follows: 

Sec. 12. That no Chinese person shall be permitted to enter the 
United States by land without producing to the proper Chinese in¬ 
spector the certificate in this act required of Chinese persons seeking 
to land from a vessel. 

“And any Chinese person found unlawfully within the United 
States shall be caused to be removed therefrom to the country from 
whence he came, and at the cost of the United States, after being 
brought before some justice, judge, or commissioner of a court of the 
United States and found to be one not lawfully entitled to be or to 
remain in the United States; and in all such cases the person who 
brought or aided in bringing such person to the United States shall 
be liable to the Government of the United States for all necessary 
expenses incurred in such investigation and removal; and all peace 
officers of the several States and Territories of the United States 
are hereby invested with the same authority as a marshal or United 
States marshal in reference to carrying out the provisions of this 
act or the act of which this is amendatory, as a marshal or deputy 
marshal of the United States, and shall be entitled to like compensa¬ 
tion to be audited and paid by the same officers. 

“And the United States shall pay all costs and charges for the 
maintenance and return of any Chinese person having the certificate 
prescribed by law as entitling such Chinese person to come into the 
United States who may not have been permitted to land from any 
vessel by reason of any of the provisions of this act.”^ 

Section thirteen of said act is hereby amended so as to read as 
follows: 

“ Sec. 13. That this act shall not apply to diplomatic and other 
officers of the Chinese or other Governments traveling upon the busi¬ 
ness of that Government, whose credentials shall be taken as equiva¬ 
lent to the certificate in this act mentioned, and shall exempt them 
and their body and household servants from the provisions of this 
act as to other Chinese persons.” 

Sec. 14. That hereafter no State court or court of the United 
States shall admit Chinese to citizenship; and all laws in conflict with 
this act are hereby repealed.® 

Section fifteen of said act is hereby amended so as to read as fol¬ 
lows : 

“ Sec. 15. That the provisions of this act shall apply to all sub¬ 
jects of China and Chinese, whether subjects of China or any other 


^ RmunnUmj.—ln general (46 Fed,, 755: 124 Fed., 831; 159 Fed., 187 and 421; 164 
Fed 654; 168 Fed., 438; 170 Fed., 201 and 624). “Searches and seizures” (see 149 
U S, 698, 730; and 185 U. S., 306). Deportation decree of United States commissioner 
sufficient basis for holding that smuggled Chinese were not entitled to enter (124 Fed., 
831). See also Rule 7 and footnote. 

2 This provision is superseded by one on the same subject contained in the sundry civil 
act of Aug. 24, 1912, p. 20, post. o.. ro. 

2 See 149 U. S., 698, 716; 71 Fed., 274 ; 21 Op. Atty. Gen., 3< and 581. 

22G39°—17-2 






10 


LAWS RELATING TO THE ADMISSION OF CHINESE. 


foreign power; and the words Chinese laborers, wherever used in 
this act shall be construed to mean both skilled and unskilled 
laborers and Chinese employed in mining.” ^ 

Sec. 16. That any violation of any of the provisions of this act, or 
of the act of which this is amendatory, the punishment of which is 
not otherwise herein provided for, shall be deemed a misdemeanor, 
and shall be punishable by fine not exceeding one thousand dollars, 
or by imprisonment for not more than one year, or both such fine and 
imprisonment. 

Sec. it. That nothing contained in this act shall be construed to 
affect any prosecution or other proceeding, criminal or civil, begun 
under the act of which this is amendatory; but such prosecution or 
other proceeding, criminal or civil, shall proceed as if this act had 
not been passed. 

PROHIBITING THE COMING OP CHINESE LABORERS TO THE UNITED 

STATES. 

[Act of September 13, 1888 (25 Stat. L., 476, 477).2] 

It! ic ^ 

Sec. 5. That from and after the passage of this act, no Chinese 
laborer in the United States shall be permitted, after haying left, to 
return thereto, except under the conditions stated in the following 
sections. 

Sec. 6. That no Chinese laborer within the purview of the pre¬ 
ceding section shall be permitted to return to the United States unless 
he has a lawful wife, child, or parent in the United States, or property 
therein of the value of one thousand dollars, or debts of like amount 
due him and pending settlement.^ 

The marriage to such wife must have taken place at least a year 
prior to the application of the laborer for a permit to return to the 
United States, and must have been followed by the continuous 
cohabitation of the parties as man and wife. 

If the right to return be claimed on the ground of property or of 
debts, it must appear that the property is bona fide and not color- 
ably acquired for the purpose of evading this act, or that the debts 
are unascertained and unsettled, and not promissory notes or other 
similar acknowledgments of ascertained liability. 

Sec. 7. That a Chinese person claiming the right to be permitted to 
leave the United States and return thereto on any of the grounds 
stated in the foregoing section, shall apply to the Chinese inspector in 
charge of the district from which he wishes to depart at least a month 
prior to the time of his departure, and shall make on oath before the 
said inspector a full statement descriptive of his family, or property, 
or debts, as the case may be, and shall furnish to said inspector such 
proofs of the facts entitling him to return as shall be required by the 
rules and regulations prescribed from time to time by the Secretary 

1 Amended by act of Nov. 3, 1893. See also Rule 2. 

2 At the time of the passage of this act a proposed treaty with China was under 
negotiation. As the Chinese Government failed to ratify the treaty, some question arose 
as to whether this act took effect. Administrative officers held, however, that secs 5 to 
14, excepting sec. 12, did not depend upon the ratification of the treaty, but became 
operative upon the approval of the act. To remove all possibility of doubt, said sections 
were reenacted by the acts of 1902 and 1904. 

2 See Rule 13 and footnotes thereto. 




LAWS RELATING TO THE ADMISSION OF CHINESE. 


11 


of Labor/ and for any false swearing in relation thereto he shall 
incur the penalties of perjury. 

He shall also permit the Chinese inspector in charge to take a full 
description of his person, which description the inspector shall retain 
and mark with a number. 

And if the said inspector, after hearing the proofs and investigat¬ 
ing all the circumstances of the case, shall decide to issue a certificate 
of return, he shall at such time and place as he may designate, sign 
and give to the person applying a certificate containing the number 
of the description last aforesaid, which shall be the sole evidence 
given to such person of his right to return.^ 

If this last-named certificate be transferred, it shall become void, 
and the person to whom it was given shall forfeit his right to return 
to the United States. 

The right to return under the said certificate shall be limited to one 
3 ^ear; but it may be extended for an additional period, not to exceed 
a year, in cases where, by reason of sickness or other cause of disa¬ 
bility beyond his control, the holder thereof shall be rendered unable 
sooner to return, which facts shall be fully reported to and investi¬ 
gated by the consular representative of the United States at the port 
or place from wdiich such laborer departs for the United States, and 
certified by such representative of the United States to the satisfac¬ 
tion of the Chinese inspector in charge at the port where such Chinese 
person shall seek to land in the United States, such certificate to be 
delivered by said representative to the master of the vessel on which 
he departs for the United States.^ 

And no Chinese laborer shall be permitted to reenter the United 
States without producing to the proper officer in charge at the port 
of such entry the return certificate herein required.^ A Chinese 
laborer possessing a certificate under this section shall be admitted 
to the United States only at the port from which he departed there¬ 
from, and no Chinese person, except Chinese diplomatic or consular 
officers, and their attendants, shall be permitted to enter the United 
States except at the ports of San Francisco, Portland, Oregon, Bos¬ 
ton, New York, New Orleans, Port Townsend, or such other ports as 
may be designated by the Secretary of Labor. 

Sec. 8. That the Secretary of Labor shall be, and he hereby is, 
authorized and empowered to make and prescribe, and from time to 
time to change and amend such rules and regulations, not in conflict 
with this act, as he may deem necessary and proper to conveniently 
secure to such Chinese persons as are provided for in articles second 
and third of the said treaty between the United States and the Em¬ 
pire of China, the rights therein mentioned, and such as shall also 
protect the United States against the coming and transit of persons 
not entitled to the benefit of the provisions of said articles. 


1 By the act of Feb. 14, 1908 (32 Stat. L., 828), the authority and power with respect 
to the enforcement of the exclusion laws theretofore vested in the Secretary of the 
Treasury were transferred to the Secretary of Commerce and Labor and by the act of 
Mar. 4, 1913, to the Secretary of Labor; hence this change and other similar changes 
in the wording of this reproduction of the several acts. 

2 For procedure, see Rule 13. 

3 See Rule 14. 

* If laborer departs and returns without such certificate, he is subject to deportation 
(120 Fed., 989; 21 Op. Atty. Gen., 424; 23 Op. Atty. Gen., 619); and his certificate 
of "residence is thereby abrogated (214 Fed., 57). 





12 


LAWS IlKLATING TO THE ADMISSION OF CHINESE. 


And he is hereby further authorized and empowered to prescribe 
the form and substance of certificates to be issued to Chinese laborers 
under and in pursuance of the provisions of said articles, and pre¬ 
scribe the form of the record of such certificate and of the proceedings 
for issuing the same, and he may require the deposit, as a part of such 
record, of the photograph of the party to whom any such certificate 
shall be issued. 

Sec. 9. That the master of any vessel who shall knowingly bring 
within the United States on such vessel, and land, or attempt to land, 
or permit to be landed any Chinese laborer or other Chinese person, 
in contravention of the provisions of this act, shall be deemed guilty 
of a misdemeanor and, on conviction thereof, shall be punished with 
a fine of not less than five hundred dollars nor more than one thou¬ 
sand dollars, in the discretion of the court, for every Chinese laborer 
or other Chinese person so brought, and may also be imprisoned for a 
term of not less than one year, nor more than five years, in the discre¬ 
tion of the court.^ 

Sec. 10. That the foregoing section shall not apply to the case of 
any master A^hose vessel shall come within the jurisdiction of the 
United States in distress or under stress of weather, or touching at 
any port of the United States on its voyage to any foreign port or 
place. But Chinese laborers or persons on such vessels shall not be 
permitted to land, except in case of necessity, and must depart wdth 
the vessel on leaving port. 

Sec. 11. That any person who shall knowingly and falsely alter 
or substitute any name for the name written in any certificate herein 
required, or forge such certificate, or knowingly utter any forged or 
fraudulent certificate, or falsely personate any person named in any 
such certificate, and any person other than the one to whom a cer¬ 
tificate was issued who shall falsely present any such certificate, shall 
be deemed guilty of a misdemeanor, and upon conviction thereof 
shall be fined in a sum not exceding one thousand dollars and im- 
'l^prisoned in a penitentiary for a term of not more than five years. 



V * * * ^ ❖ 

Sec. 13.2 Chinese person, or person of Chinese descent, 

found unlawfully in the United States, or its Territories, may be 
arrested upon a warrant issued upon a complaint, under oath, filed 
by any party on behalf of the United States, by any justice, judge, 
or commissioner^ of any United States court, returnable before any 
justice, judge, or commissioner of a United States court, or before 
any United States court, and when convicted, upon a hearing, and 
found and adjudged to be one not laAvfully entitled to be or remain 
in the United States, such person shall be removed from the United 
States to the country whence he came.^ 


^ See secs. 10 and 11, act of 1882-1884 and footnotes pp. 8, 9. 

2 The validity of this section is discussed in 47 Fed., 431, 433, 878 ; 50 Fed., 271 • 55 

Fed., 58. ’ 

3 Commissioners may decide questions of citizenship (186 U. S., 193, 200) ; but a certifi¬ 
cate issued by them is not of Itself evidence of adjudication (193 U. S., 65 78- 119 Fed 
786: 161 Fed., 211; 174 Fed., 70; 207 Fed., 696; 21 Op. Atty. Gen., 581).’ A claim 
of citizenship res judicata based upon a commissioner’s decision must be proved bv in¬ 
troducing in evidence the complete original record or a certified complete copy there¬ 
of. (Id.) 

* For procedure regarding deportation see Rules 23-25. 



LAWS RELATING TO THE ADMISSION OF CHINESE. ]8 

T>ut any such Chinese person convicted before a commissioner of a 
United States court may, within ten days from such conviction, 
appeal to the judge of the district court for the district.^ 

A certified copy of the judgment shall be the process upon which 
said rernoval shall be made, and it may be executed by the marshal 
of the district, or any officer having authority of a marshal under the 
provisions of this section. 

And in all such cases the person who brought or aided in bringing 
such person into the United States shall be liable to the Government 
of the United States for all necessary expenses incurred in such 
investigation and removal; and all peace officers of the several States 
and Territories of the United States are hereby invested with the 
same authority in reference to carrying out the provisions of this 
act, as a marshal or deputy marshal of the United States, and shall 
be entitled to like compensation, to be audited and paid by the same 
officers. 

Sec. 14. That the preceding sections shall not apply to Chinese 
diplomatic or consular officers or their attendants, who shall be 
admitted to the United States under special instructions of the 
Department of Labor, without production of other evidence than 
that of personal identity. 

PROHIBITING THE COMING OF CHINESE PERSONS INTO THE UNITED 
STATES AND PROVIDING FOR REGISTRATION OF RESIDENT LABORERS. 

[Act of May 5, 1892 (27 Stat. L., 25).2] 

Section 1. That all laws now in force prohibiting and regulating 
the coming into this country of Chinese persons and persons of Chi¬ 
nese descent are hereby continued in force for a period of ten years 
from the passage of this act. 

Sec. 2. That any Chinese person or person of Chinese descent, 
when convicted and adjudged under any of said laws to be not law¬ 
fully entitled to be or remain in the United States, shall be removed 
from the United States to China, unless he or they shall make it 
-appear to the justice, judge, or commissioner before whom he or they 
are tried that he or they are subjects or citizens of some other country, 
in which case he or they shall be removed from the United States to 
such country: Provided^ That in any case where such other country 
of which such Chinese person shall claim to be a citizen or subject 
shall demand any tax as a condition of the removal of such person 
to that country, he or she shall be removed to China.^ 


^ A{ppeal8 .—Not allowed to Government (123 Fed., 159). Are to district court, not 
judge (194 U. S., 194; 50 Fed., 271). Policy of law opposed to numerous (18G U. S, 
193, 201). Must be taken in 10 days (100 Fed., 730, and 153 Fed., 494). See also 110 
Fed., 952 ; 144 Fed., 968 ; and 147 Fed., 750, and sec. 6, act of 1892. Decision of com¬ 
missioner or lower court will not be reversed on questions of fact unless clearly contrary 
to evidence (49 Fed., 569; 63 Fed., 261 ; 114 Fed., 702; 116 Fed., 316 and 614; 128 Fed., 
697; 137 Fed., 875; 164 Fed., 330; 170 Fed., 182; 211 Fed., 91 ; 214 Fed., 77 ; 222 
Fed., 66). Statements made by arrested Chinese to an inspector at time of arrest are 
admissible in evidence when such Chinese is brought to trial (134 Fed., 19, 25; 195 Fed., 
53, 54; 198 Fed., 596, 599, 600; 198 Fed., 603, 604; 203 Fed., 25, 28). 

Deportation proceedings .—Are civil, not criminal (149 U. S., 698, 730; 81 Fed., 562; 
118 Fed., 442; 126 Fed., 226; 134 Fed., 19; 145 Fed., 791). Defendants can be re¬ 
quired to testify for Government (145 Fed., 791; 146 Fed., 670; 147 Fed., 227) ; and 
punished for contempt for refusal to testify (160 Fed., 207, and 163 Fed., 1008). Are 
not “causes” within R. S., sec. 566 (146 Fed., 343). 

2 The act of Oct. 1, 1888 (25 Stat. L., 504), was repealed by the treaty of 1894 (31 
Op. Atty. Gen., 68) ; hence its omission. 

3 Burden on Chinese to show he is entitled to be deported elsewhere than to China (125 
Fed., 627). See also 47 Fed., 305; 116 Fed., 612; 20 Op. Atty. Gen., 171. 



14 


LAWS EELATING TO THE ADMISSION OF CHINESE. 


Sec. 3. That any Chinese person or person of Chinese descent 
arrested under the provisions of this act or the acts hereby extended 
shall be adjudged to be unlawfully within the United States unless 
such person shall establish, by affirmative proof ^ to the satisfaction 
of such justice, judge, or commissioner, his lawful right to remain in 
the United States.^ , 

Sec. 4. That any such Chinese person or person of Chinese descent 
convicted and adjudged to be not lawfully entitled to be or remain 
in the United States shall be imprisoned at hard labor for a period of 
not exceeding one year and thereafter removed from the United 
States, as hereinbefore provided.^ 

Sec. 5. That after the passage of this act, on an application to any 
judge or court of the United States in the first instance for a Avrit of 
habeas corpus, by a Chinese person seeking to land in the United 
States, to whom that privilege has been denied, no bail shall be al- 
loAved, and such application shall be heard and determined promptly 
without unnecessary delay 

Sec. G.® And it shall be the duty of all Chinese laborers Avithin the 
limits of the United States at the time of the passage of this act, and 
Avho are entitled to remain in the United States, to apply to the col¬ 
lector of internal revenue of their respectiA^e districts, within one year 
after the passage of this act, for a certificate of residence, and any 
Chinese laborer within the limits of the United States Avho shall 
neglect, fail, or refuse to comply with the provisions of this act, or 
Avho, after one year from the passage hereof, shall be found Avithin 
the jurisdiction of the United States without such certificate of resi¬ 
dence, shall be deemed and adjudged to be unlawfully wuthin the 
United States, and may be arrested by any United States customs 
official, collector of internal revenue, or his deputies. United States 
marshal or his deputies, and taken before a United States judge, 
Avhose duty it shall be to order that he be deported from the United 
States, as hereinbefore provided, unless he shall establish clearly to 
the satisfaction of said judge that by reason of accident, sickness or 
other unavoidable cause, he has been unable to procure his certificate, 
and to the satisfaction of the court, and by at least one credible Avhite 
witness, that he was a resident of the United States at the time of 
the passage of this act; ® and if iq^on the hearing it shall appear that 
he is so entitled to a certificate, it shall be granted upon his paying 
the cost. 

Should it appear that said Chinaman had procured a certificate 
Avhich has been lost or destroyed, he shall be detained and judgment 
suspended a reasonable time to enable him to procure a duplicate 
from the officer granting it, and in such cases the cost of said arrest 
and trial shall be in the discretion of the court. 


1 Burden of proof on arrested Chinese (149 U. S., 698; 180 U. S., 486; 186 TJ. S., 193, 
200; 193 U. 65, 76, and 517; 54 Fed., 334; 57 Fed., 206; 86 Fed., 896; 105 Fed., 
188; 111 Fed., 899; 113 Fed., 898; 118 Fed., 442; 125 Fed., 627; 133 Fed., 45; 145 
Fed., 791; 146 Fed., 343, 670; 156 Fed., 247; 161 Fed., 211; 185 Fed., 838) ; also on 
those applying for admission (125 Fed., (>41; 185 Fed., 838). 

2 For procedure of arrest and deportation, see Rule 23. 

3 This provision is void ; see 163 U. S., 228. 

^ Since the passage of the act of 1894 (28 Stat. L., 372, 390, reenacted in sec. 25 of 
immigration act), the decision of administrative officers, after proper hearing, is final 
(189 U. S., 86; 198 U. S., 253; 208 U. S., 8; 223 U. S., 673; 168 Fed., 479). Bail not 
permitted in case of appeal from decision on writ (65 Fed., 788). See also 220 Fed., 538. 

^ Amended by act of Nov. 3, 1893; see p. 15. 

® Where a Chinese was ordered deported and then escaped, evading apprehension for 10 
years, held that he could be deported on original order (220 Fed., 352L 



15 


LAWS RELATING TO THE ADMISSION OP CHINESE. 


/ 


And any Chinese person, other than a Chinese laborer, having a 
right to be and remain in tlie United States, desiring such certificate 
as evidence of such right, may apply for and receive the same without 
charge.^ 

Sec. G [as amended by section 1 of the act of November 3, 1893]. 
And it shall be the duty of all Chinese laborers within the limits of 
the United States who were entitled to remain in the United States 
before the passage of the act to which this is an amendment to apply 
to the collector of internal revenue of their respective districts within 
six months after the passage of this act for a certficate of residence; 
and any Chinese laborer within the limits of the United States who 
shall neglect, fail, or refuse to comply with the provisions of this act 
and the act to which this is an amendment, or who, after the expira¬ 
tion of said six months, shall be found within the jurisdicton of the 
United States without such certificate of residence, shall be deemed 
and adjudged to be unlawfully within the United States, and may be 
arrested by any United States customs official, collector of internal 
revenue or his deputies. United States marshal or his deputies, and 
taken before a United States judge, whose duty it shall be to order 
that he be deported from the United States, as provided in this act 
and in the act to which this is an amendment, unless he shall estab¬ 
lish clearly to the satisfaction of said judge that by reason of acci¬ 
dent, sickness, or other unavoidable cause he has been unable to pro¬ 
cure his certificate, and to the satisfaction of said United States 
judge, and by at least one credible witness other than Chinese, that 
he was a resident of the United States on the fifth of May, eighteen 
hundred and ninety-two; and if^ upon the hearing, it shall appear 
that he is so entitled to a certificate, it shall be granted upon his pay¬ 
ing the cost.^ 

Should it appear that said Chinaman had procured a certificate 
which has been lost or destroyed, he shall be detained and judgment 
suspended a reasonable time to enable him to procure a’duplicate 
from the officer granting it,^ and in such cases the cost of said arrest 
and trial shall be in the discretion of the court; and any Chinese 
person, other than a Chinese laborer, having a right to be and remain 
in the United States, desiring such certificate as evidence of such 
right, may apply for and receive the same without charge; and that 
no proceedings for a violation of the provisions of said section six of 
said act of May fifth, eighteen hundred and ninety-two, as originally 
enacted, shall hereafter be instituted, and that all proceedings for 
said violation now pending are hereby discontinued: Provided^ That 
no Chinese person heretofore convicted in any court of the States or 
Territories or of the United States of a felony shall be permitted to 
register under the provisions of this act; but all such persons who are 
now subject to deportation for failure or refusal to comply with the 
act to which this is an amendment shall be deported from the United 
States as in said act and in this act provided, upon any appropriate 
proceedings now pending or which may be hereafter instituted. 

Sec. 7. That immediately after the passage of this act the Secre¬ 
tary of the Treasury shall make such rules and regulations as may be 


1 These registration provisions are constitiitional (140 TT. S., 698). 

either act is sufficient (110 Fed., 154). „ , on 

2 See 70 Fed., 818, and 152 Fed., 157; also Rule 20. 

3 See Rule 21. 


Registration under 





16 


LAWS RELATING TO THE ADMISSION OF CHINESE. 


necessary for the efficient execution of this act, and shall prescribe 
the necessary forms and furnish the necessary lilanks to enable col¬ 
lectors of internal revenue to issue the certificates required hereby, 
and make such provisions that certificates may be procured in locali¬ 
ties convenient to the applicants. 

Such certificates shall be issued without charge^ to the applicant, 
and shall contain the name, age, local residence, and occupation of 
the applicant, and such other description of the applicant as shall be 
prescribed by the Secretary of the Treasury, and a duplicate thereof 
shall be filed in the office of the collector of internal revenue for the 
district within which such Chinaman makes application. 

Sec. 8. That any person who shall knowingly and falsely alter or 
substitute any name for the name written in such certificate or forge 
such certificate, or knowingly utter any forged or fraudulent certifi¬ 
cate, or falsely personate any person named in such certificate, shall 
be guilty of a misdemeanor, and upon conviction thereof shall be 
fined in a sum not exceding one thousand dollars or imprisoned in 
the penitentiary for a term of not more than five years. 


AMENDING THE LAW PROHIBITING THE COMING OP CHINESE PERSONS 
INTO THE UNITED STATES, AND PROVIDING FOR REGISTRATION OP 
RESIDENT LABORERS. 

[Act of November 3, 1893 (28 Stat. L., 7).^] 

[Section 1 reenacted, with amendments, section 6 of the act of May 
5, 1892, and the amended section is printed with the act of May 5, 
1892, ante.] 

Sec. 2. The words “ laborer ” or “ laborers *’ wherever used in this 
act, or in the act to which this is an amendment, shall be construed 
to mean both skilled and unskilled manual laborers, including Chinese 
employed in mining, fishing, huckstering, peddling, laundrymen, or 
those engaged in taking, drying, or otherwise preserving shell or 
other fish for home consumption or exportation.^ 

The term “ merchant,” as emploved herein and in the acts of which 
this is amendatory, shall have the following meaning and none other: 
A merchant is a person engaged in buying and selling merchandise, 
at a fixed place of business, which business is conducted in his name,^ 
and who during the time he claims to be engaged as a merchant, does 
not engage in the performance of any manual labor, except such as is 
necessary in the conduct of his business as such merchant. 

Where an application is made by a Chinaman for entrance into the 
United States on the ground that he was formerly engaged in this 
country as a merchant, he shall establish by the testimony of two 
credible witnesses other than Chinese the fact that he conducted such 
business as hereinbefore defined for at least one year before his depar¬ 
ture from the United States, and that during such year he was not 
engaged in the performance of any manual labor, except such as was 


lit was provided Ixy joint resolution of Dec. 7, 1893 (28 Stat. L., 575), that no fee or 
other compensation should be charged in connection with the registration. 

2 The treaty of Dec. 8, 1894 (28 Stat. L., 1210), was denounced by China in 1904 and 
expired under such denunciation in December of that year; hence its omission. 

^Laborers .—Who are (21 Fed., 785 ; 57 Fed., 591; 59 Fed., 561 ; 66 Fed., 953 and 955 ; 
83 Fed., 143 ; 86 Fed., 303 ; 87 Fed., 312 ; 93 Fed., 797 ; 97 Fed., 576 ; 100 Fetl., 609 ; 
105 Fed., 188; 116 Fed., 614; 137 Fed., 875; 184 Fed., 685; 1 Dist. Ct. Hawaii, 104). 
Who are not (76 Fed., 450; 94 Fed., 831; 145 Fed., 801L 

* Name need not appear in firm name, but must appear in books and partnershin 
articles (62 Fed., 914; 94 Fed., 831). See also 193 U. S., 517, 521. 



LAWS RELATING TO THE ADMISSION OF CHINESE. 17 

necessary in the conduct of his business as such merchant, and in 
default of such proof shall be refused landing.^ 

Such order of deportation shall be executed by the United States 
marshal of the district within which such order is made,^ and he shall 
execute the same with all convenient dispatch; and pending the exe¬ 
cution of such order such Chinese person shall remain in the custody 
of the United States marshal, and shall not be admitted to bail. 

The certificate herein provided for shall contain the photograph of 
the applicant, together with his name, local residence and occupation^ 
and a copy of such certificate, with a duplicate of such photograph 
attached, shall be filed in the office of the United States collector of 
internal revenue of the district in ivhich such Chinaman makes 
application. 

Such photographs in duplicate shall be furnished by each applicant 
in such form as may be prescribed by the Secretary of the Treasury. 

PROHIBITING THE IMMIGRATION OF CHINESE INTO HAWAII OR THEIR 
ENTRY TO THE UNITED STATES FROM HAWAII. 

[Joint resolution of July 7, 1898 (30 Stat. L., 751).] 

* * * There shall be no further immigration of Chinese into the 

Hawaiian Islands, except upon such conditions as are now or may 
hereafter be allowed by the laws of the United States; and no Chinese, 
by reason of anything herein contained, shall be allowed to enter the 
United States from the Hawaiian Islands. 

FIXING STATUS OF CHINESE WITHIN HAWAII AND PROVIDING FOR 

THEIR REGISTRATION. 

[Act of April 30, 1900 (31 Stat. L., 141-161).] 

Hs ^ ❖ Hs ❖ 

Sec. 4. That all persons who were citizens of the Eepublic of 
Hawaii on August twelfth, eighteen hundred and ninety-eight, are 
hereby declared to be citizens of the United States and citizens of the 
'Territory of Hawaii. 

:jc * * * * * 

Sec. 101. That Chinese in the Hawaiian Islands when this act takes 
effect may within one year thereafter obtain certificates of residence 
as required by An act to prohibit the coming of Chinese persons 
into the United States,” approved May fifth, eighteen hundred and 
ninety-two, as amended by an act approved November third, eight¬ 
een hundred and ninety-three, entitled “An act to amend an act en¬ 
titled ‘An act to prohibit the coming of Chinese persons into the 
United States,’ approved May fifth, eighteen hundred and ninety- 
two,” and until the expiration of said year shall not be deemed to 
be unlawfully in the United States if found therein without such 
certificates: Provided^ however^ That no Chinese laborer, whether he 
shall hold such certificate or not, shall be alloAved to enter any State, 
Territorv, or District of the United States from the Hawaiian 
Islands. 


1 Domiciled merchants .—For who are not, see footnote 3, p. 16. For procedure concern^ 
ing, see Rule 15. Do not need “ sectlon-6 ” certificate (144 U. S., 47). Absence for six 
years does not change status, interest in store in United States having continued (52 Fed., 
203). For admission of wives and children of, see Rule 9. 

2 Ajaaended by sundry civil appropriation act of June 23, 1913, p. 20, post. 

22639°—17-3 





18 LAWS RELATING TO THE ADMISSION OF CHINESE. 

COMMISSIONER GENERAL OF IMMIGRATION TO ADMINISTER CHINESE- 

EXCLCSION LAW. 

[Act of June 6, 1900 (31 Stat. L., 588-611).] 

* ^ hereafter the Commissioner General of Immigration, 

in addition to his other duties, shall have charge of the administra¬ 
tion of the Chinese-exclusion law and of the various acts regulating 
immigration into the United States, its Territories, and the District 
of Columbia, under the supervision and direction of the Secretary of 
Labor. 

FIXING FEES OF UNITED STATES COMMISSIONERS AND REGULATING 

ISSUANCE OF WARRANTS. 

[Act of March 3, 1901 (31 Stat. L., 1093).] 

Section 1. That it shall be lawful for the district attorney of the 
district in which any Chinese person may be arrested for being found 
unlawfully within the United States, or having unlawfully entered 
the LTnited States, to designate the United States commissioner 
within such district before whom such Chinese person shall be taken 
for a hearing. 

Sec. 2. That a United States commissioner shall be entitled to re¬ 
ceive a fee of five dollars for hearing and deciding a case arising 
under the Chinese-exclusion laws. 

Sec. 3. That no warrant of arrest for violations of the Chinese- 
exclusion laws shall be issued by the United States commissioners 
excepting upon the sworn complaint of a United States district 
attorney, assistant United States district attorney, collector, deputy 
collector, or inspector of customs, immigration inspector. United 
States marshal, or deputy United States marshal, or Chinese inspec¬ 
tor, unless the issuing of such warrant of arrest shall first be ap¬ 
proved or requested in writing by the United States district attorney 
of the district in which issued. 

Sec. 4. That this act shall take effect immediately. 

REENACTING CHINESE-EXCLUSION LAWS; REGULATING C03IING OF 

CHINESE PERSONS FROM INSULAR POSSESSIONS; AND PROVIDING FOR 

AD3IISSION TO PARTICIPATE IN EXPOSITIONS. 

[Act of April 29, 1902, as amended and reenacted by section 5 of the deficiency act of 
April 27, 1904 (32 Stat. L., part 1, 176; 33 Stat. L., 394-428).i] 

Section 1. All laws in force on the twenty-ninth day of April, 
nineteen hundred and two, regulating, suspending, or prohibiting the 
coming of Chinese persons or persons of Chinese descent into the 
United States, and the residence of such- persons therein, including 
sections five, six, seven, eight, nine, ten, eleven, thirteen, and four¬ 
teen of the act entitled “ An act to prohibit the coming of Chinese 
laborers into the United States,” approved September thirteenth, 
eighteen hundred and eighty-eight, be, and the same are hereby, 
reenacted, extended, and continued, without modification, limitation, 
or condition; and said laws shall also apply to the islan(i territory 
under the jurisdiction of the United States, and prohibit the immi¬ 
gration of Chinese laborers, not citizens of the United States^ from 
such island territory to the mainland territory of the United States, 
whether in such island territory at the time of cession or not, and 


1 For explanation of effect of these acts, see 142 Fed., 128. 



LAWS RELATING TO THE ADMISSION OF CHINESE. 


19 


from one portion of the island territory of the United States to 
another portion of said island territor)^ Provided^ however. That 
said laws shall not apply to the transit of Chinese laborers from one 
island to another island of the same group; and any islands within 
the jurisdiction of any State or the district of Alaska shall be con¬ 
sidered a part of the mainland under this section. 

Sec. 2. That the Secretary of Labor ^ is hereby authorized and 
empowered to make and prescribe, and from time to time to change, 
such rules and regulations not inconsistent with the laws of the land 
as he may deem necessary and proper to execute the provisions of 
this act and of the acts hereby extended and continued and of the 
treaty of December eighth, eighteen hundred and ninety-four, be¬ 
tween the United States and China, and with the approval of the 
President to appoint such agents as he may deem necessary for the 
efficient execution of said treaty and said Acts. 

Sec. 3. That nothing in the provisions of this act or any other 
act shall be construed to prevent, hinder, or restrict, any foreign 
exhibitor, representative, or citizen of any foreign nation, or the 
holder, who is a citizen of any foreign nation, of any concession or 
privilege from any fair or exposition authorized by act of Congress 
from bringing into the United States, under contract, such me¬ 
chanics, artisans, agents, or other employees, natives of their respec¬ 
tive foreign countries, as they or any of them may deem necessary 
for the purpose of making preparation for installing or conducting 
their exhibits or of preparing for installing or conducting any busi¬ 
ness authorized or permitted under or by virtue of or pertaining to 
any concession or privilege which may have been or may be granted 
by any said fair or exposition in connection with such exposition, 
under such rules and regulations as the Secretary of Labor may 
prescribe, both as to the admission and return of such person or 
persons. 

Sec. 4. That it shall be the duty of every Chinese laborer, other 
than a citizen, rightfully in, and entitled to remain in, any of the 
insular territory of the tlnited States (Hawaii excepted) at the time 
of the passage of this act, to obtain within one year thereafter a cer¬ 
tificate of residence in the insular territory wherein he resides, which 
certificate shall entitle him to residence therein, and upon failure to 
obtain such certificate as herein provided he shall be deported from 
such insular territory; and the Philippine Commission is authorized 
and required to make all regulations and provisions necessary for the 
enforcement of this section in the Philippine Islands, including the 
form and substance of the certificate of residence, so that the same 
shall clearly and sufficiently identify the holder thereof and enable 
officials to prevent fraud in the transfer of the same: Proved, hoto- 
ever, That if said Philippine Commission shall find that it is impos¬ 
sible to complete the registration herein provided for within one 
year from the passage of this act, said commission is hereby author¬ 
ized and empowered to extend the time for such registration for a 
further period not exceeding one year. 


2 Bv the act of Feb. 14, 1903, entitled “An act to establish the Department of Com¬ 
merce and Labor” (32 Stat. L., 825), the Commissioner General of ImmigraUon, the 
Bureau of Immigration, and the Immigration Service were transferred from tLe Treasury 
Department to the Department of Commerce and Labor, and by the act of Mar. 4, 1913, 
to the Department of Labor. 




20 


LAWS RELATING TO THE ADMISSION OF CHINESE. 


REIMBURSEMENT OF CHARGES FOR MAINTENANCE OR RETURN OF 

EXCLUDED CHINESE. 

[Act of August 24, 1912 (37 Stat. L., 417, 476).] 

* * * Provided., That all charges for maintenance or return of 

Chinese persons applying for admission to the United States shall 
hereafter be paid or reimbursed to the United States .by the person, 
company, partnership, or corporation bringing such Chinese to a 
port of the United States as applicants for admission. 

PROVIDING FOR DELIVERY OF DEPORTED CHINESE TO OFFICER DESIG¬ 
NATED BY SECRETARY OF LABOR. 

[Act of June 23, 1913 (38 Stat, L., 65).] 

* * * Provided^ That from and after July first, nineteen hun¬ 

dred and thirteen, all Chinese persons ordered deported under judi¬ 
cial writs shall be delivered by the marshal of the district or his 
deputy into the custody of any officer designated for that purpose by 
the Secretary of Labor, for conveyance to the frontier or seaboard for 
deportation in the same manner as aliens deported under the immi¬ 
gration laws. 

REGULATING IMMIGRATION OF ALIENS TO AND RESIDENCE OF ALIENS 

IN THE UNITED STATES. 

[Act of February 5, 1917.^] • 

Section 1. That the word “ alien ” wherever used in this act shall 
include any person not a native-born or naturalized citizen of the 
United States; but this definition shall not be held to include Indians 
of the United States not taxed or citizens of the islands under the 
jurisdiction of the United States. That the term “United States” 
as used in the title as well as in the various sections of this act shall 
be construed to mean the United States, and any waters, territory, 
or other place subject to the jurisdiction thereof, except the Isthmian 
Canal Zone; but if any alien shall leave the Canal Zone or any insular 
possession of the United States and attempt to enter any other place 
under the jurisdiction of the United States, nothing contained in 
this act shall be construed as permitting him to enter under any other 
conditions than those applicable to all aliens. That the term “ sea¬ 
man” as used in this act shall include every person signed on the 
ship’s articles and employed in any capacity on board any vessel 
arriving in the United States from any foreign port or place. 

That this act shall be enforced in the Philippine Islands by officers 
of the general government thereof, unless and until it is superseded 
by an act passed by the Philippine Legislature and approved by the 
President of the United States to regulate immigration in the Philip¬ 
pine Islands as authorized in the act entitled “An act to declare the 
purpose of the people of the United States as to the future political 
status of the people of the Philippine Islands, and to provide a more 
autonomous government for those islands,” approved August twenty- 
ninth, nineteen hundred and sixteen. 

❖ ❖ ❖ ^ * * 


1 As Chinese applying for admission are in all respects subject to examination under 
the immigration law, as well as under the exclusion laws (24 Op. Atty. Gen., 706; 161 
Fed., 627 ; 163 Fed., 1021; 164 Fed., 506 ; 170 Fed., 566; 174 Fed., 674 ; 176 Fed., 933. 
998; 183 Fed., 260; 223 U. S., 67), and may be deported on departmental warrant if 
they enter the country in violation of law (176 Fed., 933, 998; 223 U. S., 67; 202 Fed. 
65, 914; 203 Fed., 25, and secs. 19 and 38 of the act of 1917, post), there are inserted 
here the sections of the immigration acts of 1917 that most frequently have to he 
referred to in Chinese cases. 



LAWS KELATING TO THE ADMISSION OF CHINESE. 21 

Sec. 3. That the following classes of aliens shall be excluded from 
admission into the United States: All idiots, imbeciles, feeble-minded 
persons, epileptics, insane persons; persons who have had one or more 
attacks of insanity at any time previously; persons of constitutional 
ps 3 ^chopathic inferiority; persons with chronic alcoholism; paupers; 
professional beggars; vagrants; persons afflicted with tuberculosis 
in any form or with a loathsome or dangerous contagious disease; 
persons not comprehended wdthin any of the foregoing excluded 
classes who are found to be and are certified by the examining sur¬ 
geon as being mentally or physically defective, such physical defect 
being of a nature which may affect the ability of such alien to earn 
a living; persons who have been convicted of or admit having com¬ 
mitted a felony or other crime or misdemeanor involving moral 
turpitude; polygamists, or persons who practice polygamy or believe 
in or advocate the practice of polygamy; anarchists, or persons who 
believe in or advocate the overthrow by force or violence of the 
Government of the United States, or of all forms of law, or who 
disbelieve in or are opposed to organized government, or who advo¬ 
cate the assassination of public officials, or who advocate or teach the 
unlawful destruction of property; persons who are members of or 
affiliated with any organization entertaining and teaching disbelief 
in or opposition to organized government, or who advocate or teach 
the duty, necessity, or propriety of the unlawful assaulting or killing 
of any officer or officers, either of specific individuals or of officers 
generally, of the Government of the United States or of any other 
organized government, because of his or their official character, or 
who advocate or teach the unlawful destruction of property; prosti¬ 
tutes, or persons coming into the United States for the purpose of 
prostitution or for any other immoral purpose; persons who directly 
or indirectly procure or attempt to procure or import prostitutes or 
persons for the purpose of prostitution or for any other immoral 
purpose; persons who are supported by or receive in whole or in 
part the proceeds of prostitution; persons hereinafter called contract 
laborers, who have been induced, assisted, encouraged, or solicited 
to migrate to this country by offers or promises of employment, 
whether such offers or promises are true or false, or in consequence 
of agreements, oral, written or printed, express or implied, to per¬ 
form labor in this country of any kind, skilled or unskilled; persons 
who have come in consequence of advertisements for laborers printed, 
published, or distributed in a foreign country; persons likely to 
become a public charge ; persons who have been deported under any 
of the provisions of this act, and who may again seek admission 
within one year from the date of such deportation, unless prior to 
their reembarkation at a foreign port or their attempt to be admitted 
from foreign contiguous territory the Secretary of Labor shall have 
consented to their reapplying for admission; persons whose tickets 
or passage is paid for with the money of another, or who are assisted 
by others to come, unless it is affirmatively and satisfactorily shown 
that such persons do not belong to one of the foregoing excluded 
classes; persons whose ticket or passage is paid for by any corpora¬ 
tion, association, society, municipality, or foreign Government, either 
directly or indirectly; stowaways, except that any such stowaway, if 
otherwise admissible, may be admitted in the discretion of the Sec¬ 
retary of Labor; all children under sixteen years of age, unaccom- 


22 LAWS RELATING TO THE ADMISSION OF CHINESE. 

panied by or not coming to one or both of their parents, except that 
any such children may, in the discretion of the Secretary of Labor, 
be admitted if in his opinion they are not likely to become a public 
charge and are otherwise eligible; unless otherwise provided for by 
., existing treaties, persons Avho are natives of islands not possessed 
by the United States adjacent to the continent of Asia, situate south 
of the twentieth parallel latitude north, west of the one hundred 
and sixtieth meridian of longitude east from Greenwich, and north 
of the tenth parallel of latitude south, or who are natives of any 
country, province, or dependency situate on the continent of Asia 
west of the one hundred and tenth meridian of longitude east from 
(freenwdch and east of the fiftieth meridian of longitude east from 
Greenwich and south of the fiftieth parallel of latitude north, except 
that portion of said territory situate between the fiftieth and the 
sixty-fourth meridians of longitude east from Greenwich and the 
twenty-fourth and thirty-eighth parallels of latitude north, and no 
alien now in any way excluded from, or prevented from entering, 
the United States shall be admitted to the United States. The pro¬ 
vision next foregoing, however, shall not apply to persons of the 
following status or occupations: Government officers, ministers or 
religious teachers, missionaries, lawyers, physicians, chemists, civil 
engineers, teachers, students, authors, artists, merchants, and travelers 
for curiosity or pleasure, nor to their legal wives or their children 
under sixteen years of age who shall accompany them or who sub¬ 
sequently may apply for admission to the United States, but such 
persons or their legal wives or foreign-born children who fail to 
maintain in the United States a status or occupation placing them 
within the excepted classes shall be deemed to be in the United States 
contrary to law, and shall be subject to deportation as provided in 
section nineteen of this act. 

That after three months from the passage of this act, in addition 
to the aliens who are by law now excluded from admission into the 
L^nited States, the following persons shall also be excluded from 
admission thereto, to wit: 

All aliens over sixteen years of age, physically capable of reading, 
who can not read the English langu'age, or some other language or 
dialect, including Hebrew or Yiddish: Provided^ That any ad¬ 
missible alien, or any alien heretofore or hereafter legally admitted, 
or any citizen of the United States, may bring in or send for his 
father or grandfather over fifty-five years of age, his wife, his 
mother, his grandmother, or his unmarried or widowed daughter, if 
otherwise admissible, whether such relative can read or not; and 
such relative shall be permitted to enter. That for the purpose of 
ascertaining whether aliens can read the immigrant inspectors shall 
be furnished with slips of uniform size, prepared under the direction 
of the Secretary of Labor, each containing not less than thirty nor 
more than forty words in ordinary use, printed in plainly legible 
type in some one of the various languages or dialects of immigrants. 
Each alien may designate the particular language or dialect in which 
he desires the examination to be made, and shall be required to read 
the words printed on the slip in such language or dialect. That the 
following classes of persons shall be exempt from the operation of 
the illiteracy test, to wit: All aliens who shall prove to the satisfac¬ 
tion of the proper immigration officer or to the Secretary of Labor 


LAWS RELATING TO THE ADMISSION OF CHINESE. 


23 


that they are seeking admission to the United States to avoid re- 
ligious persecution in the country of their last permanent residence, 
whether such persecution be evidenced by overt acts or by laws or 
governmental regulations that discriminate against the alien or the 
race to which he belongs because of his religious faith; all aliens who 
have been lawfully admitted to the United States and who have 
resided therein continuously for five years and who return to the 
United States within six months from the date of their departure 
therefrom; all aliens in transit through the United States; all aliens 
who have been lawfully admitted to the United States and who later 
shall go in transit from one part of the United States to another 
through foreign contiguous territory: Provided^ That nothing in 
this act shall exclude, if otherwise admissible, persons convicted, or 
who admit the commission, or who teach or advocate the commis¬ 
sion, of an offense purely political: Provided further^ That the pro¬ 
visions of this act, relating to the payments for tickets or passage 
by any corporation, association, society, municipality, or foreign 
Government shall not apply to the tickets or passage of aliens in 
immediate and continuous transit through the United States to 
foreign contiguous territory: Provided fii/rther^ That skilled labor, 
if otherwise admissible, may be imported if labor of like kind unem¬ 
ployed can not be found in this country, and the question of the 
necessity of importing such skilled labor in any particular instance 
may be determined by the Secretary of Labor upon the application 
of any person interested, such application to be made before such 
importation, and such determination by the Secretary of Labor to 
be reached after a full hearing and an investigation into the facts 
of the case: Provided further^ That the provisions of this law ap¬ 
plicable to contract labor shall not be held to exclude professional 
actors, artists, lecturers, singers, nurses, ministers of any religious 
denomination, professors for colleges or seminaries, persons belong¬ 
ing to any recognized learned profession, or persons employed as 
domestic servants: Provided further^ That whenever the President 
shall be satisfied that passports issued by any foreign Government 
to its citizens or subjects to go to any country other than the United 
States, or to any insular possession of the United States or to the 
Canal Zone, are being used for the purpose of enabling the holder 
to come to the continental territory of the United States to the 
detriment of labor conditions therein, the President shall refuse to 
permit such citizens or subjects of the country issuing such passports 
to enter the continental territory of the United States from such 
other countr}^ or from such insular possession or from the Canal 
Zone: Provided further^ That aliens returning after a temporary 
absence to an unrelinquished United States domicile of seven con¬ 
secutive years may be admitted in the discretion of the Secretary of 
Labor, and under such conditions as he may prescribe : Provided 
further^ That nothing in the contract-labor or reading-test pro¬ 
visions of this act shall be construed to prevent, hinder, or restrict 
any alien exhibitor, or holder of concession or privilege for any fair 
or exposition authorized by act of Congress, from bringing into the 
United States, under contract, such otherwise admissijb^le alien me¬ 
chanics, artisans, agents, or other employees, natives of his country 
as may be necessary for installing or conducting his exhibit or for 
preparing for installing or conducting any business authorized or 


24 LAWS RELATING TO THE ADMISSION OF CHINESE. 

permitted under any concession or privilege which may have been 
or may be granted by any such fair or exposition in connection there- 
Avith, under such rules and regulations as the Commissioner General 
of Immigration, with the approval of the Secretary of Labor, may 
prescribe both as to the admission and return of such persons: Fro- 
vided further^ That the Commissioner General of Immigration with 
the approval of the Secretary of Labor shall issue rules and prescribe 
conditions, including exaction of such bonds as ma}" be necessary, to 
control and regulate the admission and return of otherAvise inad¬ 
missible aliens applying for temporary admission: Provided further^ 
That nothing in this act shall be construed to apply to accredited 
officials of foreign Governments, nor to their suites, families, or 
guests. 

^ ^ ^ * 

Sec. 8. That any person, including the master, agent, OAvner, or 
consignee of any A^essel, Avho shall bring into or land in the United 
States, by vessel or otherwise, or shall attempt, by himself or through 
another, to bring into or land in the United States, by vessel or other- 
Avise, or shall conceal or harbor, or attempt to conceal or harbor, or 
assist or abet another to conceal or harbor in any place, including 
any building, vessel, railway car, con Abeyance, or vehicle, any alien not 
duly admitted by an immigrant inspector or not lawfully entitled 
to enter or to reside Avithin the United States under the terms of 
this act, shall be deemed guilty of a misdemeanor, and upon convic¬ 
tion thereof shall be punished by a fine not exceeding $2,000 and by 
imprisonment for a term not exceeding fiA^e years, for each and every 
alien so landed or brought in or attempted to be landed or brought in. 

Sec. 15. That upon the arrival at a port of the United States of 
any vessel bringing aliens it shall be the duty of the proper immigra¬ 
tion officials to go or to send competent assistants to the vessel and 
there inspect all such aliens, or said immigration officials may order a 
temporary removal of such aliens for examination at a designated 
time and place, but such temporary removal shall not be considered 
a landing, nor shall it relieve vessels, the transportation lines, mas¬ 
ters, agents, OAvners, or consignees of the A^essel upon Avhich said 
aliens are brought to any port of the United States from any of the 
obligations which, in case such aliens remain on board, would under 
the provisions of this act bind the said A^essels, transportation lines, 
masters, agents, owners, or consignees: Provided^ That Avhere re¬ 
moval is made to premises owned or controlled by the United States, 
said A^essels, transportation lines, masters, agents, OAvners, or con¬ 
signees, and each of them, shall, so long as detention there lasts, be 
relieA^ed of responsibility for the safekeeping of such aliens. When¬ 
ever a temporary removal of aliens is made the vessels or transporta¬ 
tion lines Avhich brought them and the masters, oAvners, agents, and 
consignees of the vessel upon which they arrive shall pay all ex¬ 
penses of such removal and all expenses arising during subsequent 
detention, pending decision on the aliens’ eligibility to enter the 
United States and until they are either alloAved to land or return 
to the care of the line or to the vessel Avhich brought them, such 
expenses to include those of maintenance, medical treatment in hos¬ 
pital or elseAvhere, burial in the event of death, and transfer to the 


LAWS RELATING TO THE ADMISSION OF CHINESE. 


25 


vessel in the event of deportation^ excepting only where they arise 
under the terms of any of the provisos of section eighteen hereof. 
Any refusal or failure to comply with the provisions hereof shall be 
punished in the manner specified in section eighteen of this act. 

* * * ^ ^ 

Sec. 19. That at any time within five years after entry, any alien 
who at the time of entry was a member of one or more of the classes 
excluded by law; any alien who shall have entered or who shall be 
found in the United States in violation of this act, or in violation 
of any other law of the United States any alien who at any time 
after entry shall be found advocating or teaching the unlawful 
destruction of property, or advocating or teaching anarchy, or the 
overthrow by force or violence of the Government of the United 
States or of all forms of law or the assassination of public officials; 
any alien who within five years after entry becomes a public charge 
from causes not affirmatively shown to have arisen subsequent to 
landing; except as hereinafter provided, any alien who is hereafter 
sentenced to imprisonment for a term of one year or more because 
of conviction in this country of a crime involving moral turpitude, 
committed within five years after the entry of the alien to the United 
States, or who is hereafter sentenced more than once to such a term 
of imprisonment because of conviction in this country of any crime 
involving moral turpitude, committed at any time after entry; any 
alien who shall be found an inmate of or connected with the manage¬ 
ment of a house of prostitution or practicing prostitution after such 
alien shall have entered the United States, or who shall receive, share 
in, or derive benefit from any part of the earnings of any prostitute; 
any alien who manages or is employed by, in, or in connection with 
any house of prostitution or music or dance hall or other place of 
amusement or resort habitually frequented by prostitutes, or where 
prostitutes gather, or who in any way assists any prostitute or pro¬ 
tects or promises to protect from arrest any prostitute; any alien 
who shall import or attempt to import any person for the purpose 
of prostitution or for any other immoral purpose; any alien who, 
after being excluded and deported or arrested and deported as a 
prostitute, or as a procurer, or as having been connected with the 
business of prostitution or importation for prostitution or other 
immoral purposes in any of the ways hereinbefore specified, shall 
return to and enter the United States; any alien convicted and im¬ 
prisoned for a violation of any of the provisions of section four 
hereof; any alien who was convicted, or who admits the commission, 
prior to entry, of a felony or other crime or misdemeanor involving 
moral turpitude; at any time within three years after entry, any 
alien who shall have entered the United States by water at any time 
or place other than as designated by immigration officials, or by land 
at any place other than one designated as a port of entry for aliens 
by the Commissioner General of Immigration, or at any time not 
designated by immigration officials, or who enters without inspec- 

1 The phrase “ or in violation of any other law of the United States ” has reference 
to the Chinese-exclusion laws. “ Its object is to make perfectly clear * * * the 

intent to continue the practice established under that act (the act of 1907), and since 
approved in a number of court decisions, including the decision of the Supreme Court 
in the Wong You case (223 U. S., 67), of expelling aliens who enter or are found here 
in violation of the Chinese-exclusion law, adapting the administrative process of the im¬ 
migration act to that class of cases wherever the proceedings are instituted within the 
period of limitation specified therein.” (S. Kept. No. 352, 64th Cong., 1st sess.) 

22639”—17-4 




26 LAWS RELATING TO THE ADMISSION OF CHINESE. 

tion, shall, upon the warrant of the Secretary of Labor, be taken 
into custody and deported: Provided^ That the marriage to an 
American citizen of a female of the sexually immoral classes the ex¬ 
clusion or deportation of which is prescribed by this act shall not 
invest such female with United States citizenship if the marriage of 
such alien female shall be solemnized after her arrest or after the 
commisison of acts which make her liable to deportation under this 
act: Provided further^ That the provision of this section respecting 
the deportation of aliens convicted of a crime involving moral turpi¬ 
tude shall not apply to one who has been pardoned, nor shall such 
deportation be made or directed if the court, or judge thereof, sen¬ 
tencing such alien for such crime shall, at the time of imposing 
judgment or passing sentence or within thirty days thereafter, due 
notice having first been given to representatives of the State, make a 
recommendation to the Secretary of Labor that such alien shall not 
be deported in pursuance of this act; nor shall any alien convicted 
as aforesaid be deported until after the termination of his imprison¬ 
ment : Provided further^ That the provisions of this section, with the 
exceptions hereinbefore noted, shall be applicable to the classes of 
aliens therein mentioned irrespective of the time of their entry into 
the United States: Provided further^ That the provisions of this 
section shall also apply to the cases of aliens who come to the main¬ 
land of the United States from the insular possessions thereof: 
Provided further^ That any person who shall be arrested under the 
provisions of this section, on the ground that he has entered or been 
found in the United States in violation of any other law thereof 
which imposes on such person the burden of proving his right to 
enter or remain, and who shall fail to establish the existence of the 
right claimed, shall be deported to the place specified in such other 
law. In every case where any person is ordered deported from the 
United States under the provisions of this act, or of any law or 
treaty, the decision of the Secretary of Labor shall be final. 

Sec. 20. That the deportation of aliens provided for in this act 
shall, at the option of the Secretary of Labor, be to the country 
Avhence they came or to the foreign* port at which such aliens em¬ 
barked for the United States; or, if such embarkation was for foreign 
contiguous territory, to the foreign port at which they embarked 
for such territory; or, if such aliens entered foreign contiguous terri¬ 
tory from the United States and later entered the United States, or 
if such aliens are held by the country from Avhich they entered the 
United States not to be subjects or citizens of such country, and such 
country refuses to permit their reentry, or imposes any condition 
upon permitting reentry, then to the country of which such aliens 
are subjects or citizens, or to the country in which they resided prior 
to entering the country from which they entered the United States. 
If deportation proceedings are instituted at any time within five 
years after the entry of the alien, such deportation, including one- 
half of the entire cost of removal to the port of deportation, shall be 
at the expense of the contractor, procurer, or other person by whom 
the alien was unlawfully induced to enter the United States, or, if 
that can not be done, then the cost of removal to the port of de¬ 
portation shall be at the expense of the appropriation for the en¬ 
forcement of this act, and the deportation from such port shall be 
at the expense of the owner or owners of such vessels or transporta- 


LAWS RELATING TO THE ADMISSION OF CHINESE. 27 

tion line by which such aliens respectively came, or, if that is not 
practicable, at the expense of the appropriation for the enforcement 
of this act. If deportation proceedings are instituted later than five 
years after the entry of the alien, or, if the deportation is made 
by reason of causes arising subsequent to entry, the cost thereof shall 
be payable from the appropriation for the enforcement of this act. 
A failure or refusal on the part of the masters, agents, owners, or 
consignees of vessels to comply with the order of the Secretary of 
Labor to take on board, guard safely, and transport to the destina¬ 
tion specified any alien ordered to be deported under the provisions 
of this act shall be punished by the imposition of the penalties pre¬ 
scribed in section eighteen of this act: Provided^ That when in the 
opinion of the Secretary of Labor the mental or physical condition 
of such alien is such as to require personal care and attendance, the 
said Secretary shall when necessary employ a suitable person for that 
purpose, who shall accompany such alien to his or her final destina¬ 
tion, and the expense incident to such service shall be defrayed in 
the same manner as the expense of deporting the accompanied alien 
is defrayed. Pending the final disposal of the case of any alien so 
taken into custody, he may be released under a bond in the penalty 
of not less than $500 with security approved by the Secretary of 
Labor, conditioned that such alien shall be produced when required 
for a hearing or hearings in regard to the charge upon which he has 
been taken into custody, and for deportation if he shall be found to 
be unlawfully within the United States. 

* * ♦ 

Sec. 31. That any person, including the owner, agent, consignee, 
or master of any vessel arriving in the United States from any 
foreign port or place, who shall knowingly sign on the ship’s articles, 
or bring to the United States as one of the crew of such vessels, any 
alien, with intent to permit such alien to land in the United States 
in violation of the laws and treaties of the United States regulating 
the immigration of aliens, or who shall falsely and knowingly repre¬ 
sent to the immigration authorities at the port of arrival that any 
such alien is a bona fide member of the crew, shall be liable to a 
penalty not exceeding $5,000, for which such sum the said vessel shall 
be liable and may be seized and proceeded against by way of libel in 
any district court of the United States having jurisdiction of the 
offense. 

Sec. 32. That no alien excluded from admission into the United 
States by any law, convention, or treaty of the United States regu¬ 
lating the immigration of aliens, and employed on board any vessel 
arriving in the United States from any foreign port or place, shall 
be permitted to land in the United States, except temporarily for 
medical treatment, or pursuant to regulations prescribed by the Sec¬ 
retary of Labor providing for the ultimate removal or deportation of 
such alien from the United States, and the negligent failure of the 
owner, agent, consignee, or master of such vessel to detain on board 
any such alien after notice in writing by the immigration officer in 
charge at the port of arrival, and to deport such alien, if required 
by such immigration officer or by the Secretary of Labor, shall render 
such owner, agent, consignee, or master liable to a penalty not ex¬ 
ceeding $1,000, for which sum the said vessel s*hall be liable, and may 


28 


LAWS RELATING TO THE ADMISSION OF CHINESE. 


be seized and proceeded against by way of libel in any district court 
of the United States haAong jurisdiction of the offense. 

Sec. 33. That it shall be unlawful and be deemed a Auolation of the 
preceding section to pay off or discharge any alien employed on board 
any vessel arriving in the United States from any foreign port or 
place, unless duly admitted pursuant to the lav^s and treaties of the 
United States regulating the immigration of aliens: Provided^ That 
in case any such alien intends to reship on board any other A^essel 
bound to any foreign port or place, he shall be alloAved to land for 
the purpose of so reshipping, under such regulations as the Secre¬ 
tary of Labor may prescribe to prevent aliens not admissible under 
any law, convention, or treaty from remaining permanently in the 
United States, and may be paid off, discharged, and permitted to 
remove his effects, anything in such laAvs or treaties or in this act 
to the contrary notAvithstanding, provided due notice of such pro¬ 
posed action be given by the master or the seaman himself to the 
principal immigration officer in charge at the port of arrival. 

Sec. 34. That any alien seaman Avho shall land in a port of the 
United States contrary to the proAusions of this act shall be deemed 
to be unlaAvfully in the United States, and shall, at any time within 
three years thereafter, upon the Avar rant of the Secretary of Labor, 
be taken into custody and brought before a board of special inquiry 
for examination as to his qualifications for admission to the United 
States, and if not admitted said alien seaman shall be deported at 
the expense of the appropriation for this act as provided in section 
tAA^enty of this act. 

Sec. 35. That it shall be unlaAvful for any A^essel carrying passen¬ 
gers between a port of the United States and a port of a foreign 
country, upon arrival in the United States, to have on board em¬ 
ployed thereon any alien afflicted Avith idiocy, imbecility, insanit}^ 
epilepsy, tuberculosis in any form, or a loathsome or dangerous con¬ 
tagious disease, if it appears to the satisfaction of the Secretary of 
Labor, from an examination made by a medical officer of the United 
States Public Health Service, and is so certified by such officer, that 
any such alien was so afflicted at the time he was shipped or engaged 
and taken on board such A-essel and that the existence of such affliction 
might haA^e been detected by means of a competent medical examina¬ 
tion at such time; and for every such alien so afflicted on board any 
such vessel at the time of arrival the OAvner, agent, consignee, or mas¬ 
ter thereof shall pay to the collector of customs of the customs dis¬ 
trict in Avhich the port of arrival is located the sum of $50, and pend¬ 
ing departure of the A^essel the alien shall be detained and treated in 
hospital under supervision of immigration officials at the expense of 
the vessel; and no A^essel shall be granted clearance pending the 
determination of the question of the liability to the payment of such 
fine and Avhile it remains unpaid: Provided^ That clearance may be 
granted prior to the determination of such question upon the deposit 
of a sum sufficient to cover such fine: Provided further^ That such 
fine may, in the discretion of the Secretary of Labor, be mitigated 
or remitted. 

Sec. 36. That upon arrival of any vessel in the United States from 
any foreign port or place it shall be the duty of the oAvner, agent, 
consignee, or master thereof to deliA^er to the principal immigration 
officer in charge of the port of arrival lists containing the names of 


LAWS« RELATING TO THE ADMISSION OF CHINESE. 29 

all aliens employed on such vessel, stating the positions they respec¬ 
tively hold in the ship’s company, when and where they were 
respectively shipped or engaged, and specifying those to be paid off 
and discharged in the port of arrival; or lists containing so much 
of such information as the Secretary of Labor shall by regulation 
prescribe; and after the arrival of any such vessel it shall be the 
duty of such owner, agent, consignee, or master to report to such 
immigration officer, in writing, as soon as discovered, all cases in 
which .any such alien has illegally landed from the vessel, giving a 
description of such alien, together with any information likely to 
lead to his apprehension; and before the departure of any such vessel 
it shall be the duty of such owner, agent, consignee, or master to 
deliver to such immigration officer a further list containing the 
names of all alien employees who were not employed thereon at the 
time of the arrival but who will leave port thereon at the time of 
her departure, and also the names of those, if any^ who have been 
paid off and discharged, and of those, if any, who have deserted 
or landed; and in case of the failure of such owner, agent, consignee, 
or master so to deliver either of the said lists of such aliens arriving 
and departing, respectively, or so to report such cases of desertion 
or landing, such owner, agent, consignee, or master shall, if required 
by the Secretary of Labor, pay to the collector of customs of the 
customs district in which the port of arrival is located the sum of 
$10 for each alien concerning Avhom correct lists are not delivered 
or a true report is not made as above required; and no such vessel 
shall be granted clearance pending the determination of the question 
of the liability to the payment of such fine, and, in the event such 
fine is imposed, while it remains unpaid; nor shall such fine be remit¬ 
ted or refunded: Provided^ That clearance may be granted prior 
to the determination of such question upon deposit of a sum sufficient 
to cover such fine. 

* Hs ❖ * * * * 

Sec. 38. That this act, except as otherwise provided in section 
three, shall take effect and be enforced on and after May first, nine¬ 
teen hundred and seventeen. * * * ; Provided^ That this act 

shall not be construed to repeal, alter, or amend existing laws relating 
to the immigration or exclusion of Chinese persons or persons of 
Chinese descent, except as provided in section nineteen hereof^ 
He * * . Provided further^ That nothing contained in this act shall 

be construed to affect any prosecution, suit, action, or proceedings 
brought, or any act, thing, or matter, civil or criminal, done or 
existing at the time of the taking effect of this act, except as men¬ 
tioned in the third proviso of section nineteen hereof; but as to all 
such prosecutions, suits, actions, proceedings., acts, things, or matters, 
the laws or parts of laws repealed or amended by this act are hereby 
continued in force and effect. 


1 See sec. 19 and footnote thereto, ante, p. 25. 




EXECUTIVE ORDER OF THE GOVERNOR OF THE PHILIPPINE 

ISLANDS. 


Government of the Philippine Islands, 

Executive Bureau, 
Manila^ P. /., September 23^ 1901^. 

Executive Order 1 


No. 38. 


I 


Whereas the Department of Commerce and Labor of the United 
States has, under date of July 27, 1903, issued a certain rule to regu¬ 
late the admission of Chinese persons from the Philippine Islands 
into the mainland territory of the United States and into the insular 
possessions of the United States other than the Philippine Islands, 
which said rule is as follows: 

[Since the issuance of this order the rule mentioned has been 
amended; reference should therefore be had to Rule 11, p. 45.] 


❖ 


sk 


❖ 


* 


And whereas it is the desire of the government of the Philippine 
Islands to afford to such eligible Chinese persons, residents of these 
islands, as desire to depart out of the same for other parts or posses¬ 
sions of the United States, the privilege so to do and to give evidence 
of such permission and of the status of each person so permitted in 
the manner now required by law in the case of Chinese persons 
departing out of a foreign country as nearly as may be: Now, there¬ 
fore, 

* * * The collector of customs for the Philippine Islands is 
hereby designated to grant such permission in the name of the gov¬ 
ernment of the Philippine Islands to all such Chinese persons as shall 
have duly established to his satisfaction their eligibility under the 
law to enter the mainland territory of the United States or any other 
of its insular possessions. 

This permission, and- the prima facie establishment of the facts 
showing eligibility, shall be evidenced by a certificate signed and 
approved by him in analogy to the certificate required by section 6 
of the act of Congress of July 5, 1884, and referred to in the rule 
above cited. 

It is further ordered that in the case of Chinese persons coming 
from the other insular possessions of the United States to the Philip¬ 
pine Islands, bearing certificates issued in pursuance of the rule 
above mentioned, they shall be accorded at the ports of the Philippine 
Islands the same rights of entry as they would have did they come 
possessed of similar certificates issued by a foreign Government. 

Luke E. Wright, 

Civ^ Governor, 


30 


RULES GOVERNING THE ADMISSION OF CHINESE.^ 

The following rules, issued in pursuance of the foregoing treaty 
and laws governing the admission of Chinese, are hereby promul¬ 
gated for the guidance of immigration officials and others concerned. 
These rules supersede all previously issued rules and regulations, also 
all circulars of instruction regarding the enforcement of the Chinese- 
exclusion law^s inconsistent herewith: 

t 

Rule 1. PORTS OP ENTRY. 

SuBDivpiON 1. Seaports .—No Chinese person, other than a Chinese 
diplomatic or consular officer, shall be permitted to enter the United 
States elsewhere than at the ports of San Francisco, Cal.; Portland, 
Greg.; Boston, Mass.; New York, N. Y.; New Orleans, La.; Port 
Townsend or Seattle, Wash.; Honolulu, Hawaii; San Juan or Ponce, 
P. P.; San Diego, Cal., and Tampa, Fla.^ Chinese holding return 
certificates issued prior to October 25, 1916, entitling them to return 
to the United States via Canada, shall be permitted to reenter via 
Seattle, Wash., upon identification as the rightful holder of the 
return certificate and the surrender of such certificate to the com¬ 
missioner of immigration at Seattle. 

SuBD. 2. Entries and reentries from Canada .—Chinese seeking ad¬ 
mission or readmission from Canada, without having been pre¬ 
investigated, shall be permitted to apply for examination to the 
United States immigration officials at Winnipeg, Manitoba, or Mon¬ 
treal, Province of Quebec, those there found admissible to be fur¬ 
nished wdth a certificate of identity and permitted to cross the 
Canadian boundary on identification at Sumas, Wash.; Portal, 
N. Dak.; Noyes, Minn.; Port Huron, Mich.; Detroit, Mich.; Buffalo, 
N. Y.; Suspension Bridge, N. Y.; Rouses Point, N. Y.; Malone, 
N. Y.; Richford, Vt.; Island Pond, Vt.; St. Albans, Vt.; or Vance- 
boro. Me.; and Chinese seeking readmission from Canda and holding 
a return certificate issued after preinvestigation in accordance with 
Rules 13, 15, or 16, shall be permitted to reenter through any of the 
said border ports upon identification a’t Winnipeg, Manitoba, or Mon¬ 
treal, Province of Quebec, as the rightful holder of the return cer¬ 
tificate and the surrender of such certificate. 

Rule 2. THE ADMISSIBLE CLASSES. 

Only those Chinese persons who are expressly declared by the 
treaty and laws relating to the exclusion of Chinese to be admissible 
shall be allowed to enter the United States, and those only upon com- 

1 For laws and rules applying to aliens in general (including Chinese), see immigration 
pamphlet. Neither the immigration nor the Chinese-exclusion rules are enforced in the 
1‘hilippine Islands by officers of the Department of Labor, the act of Feb. 6, 1905 (33 
Stat L., 689-692), prescribing that the United States immigration laws shall be ad¬ 
ministered in said islands by the officers of the general government thereof. 

2 Sec. 7, act of Sept. 13, 1888. 


31 



32 RULES GOVERNING THE ADMISSION OF CHINESE. 

I 

pliance with the requirements of said treaty and laws and of rules 
issued thereunder.^ The admissible classes, therefore, are teachers; 
students; travelers for curiosity or pleasure; merchants^ and their 
lawful wives and minor children; ^ officials of the Chinese Govern¬ 
ment and their body and household servants; Chinese persons holding 
the return certificate prescribed by Eules 13 and 15; those seeking in 
good faith to pass through the country to foreign territory, as pro¬ 
vided in Eules IT and 18; persons whose physical condition necessi¬ 
tates immediate hospital treatment; ^ Chinese persons shown to have 
been born in the United States® and the wives® and children’' of 
such Chinese American citizens; and seamen as provided in Eule 7. 

Rule 3.8 EXAMINATION OP APPLICANTS. 

Subdivision 1. Order of examination under immigration and ex¬ 
clusion laws, —Chinese aliens shall be examined as to their right to 
admission under the provisions of the immigration law and rules as 
well as under the provisions of the Chinese-exclusion treaty, laws, 
and rules.® As the former law and rules relate to aliens generally, 
the status of Chinese applicants must be first determined thereunder; 
then, if found admissible under the immigration law and rules, their 
status under the Chinese-exclusion law and rules shall be determined. 
In order to avoid inconvenience, delay, or annoyance to Chinese ap¬ 
plicants through misunderstanding, and in the interest of good ad¬ 
ministration, examination under both sets of laws and rules shall be 
made, in the order stated, only at the ports named and in the manner 
specified in Eule 1 hereof.^® 

SuBD. 2. Privacy of examination .— The above-mentioned examina¬ 
tions shall be separate and apart from the public, in the presence of 
Government officials and such other persons only as the officers in 
charge shall permit. All witnesses appearing on*behalf of any appli¬ 
cant shall be fully heard.^^ 

Rule 4. “ SECTION-6 ” EXEMPT CLASSES. 

Subdivision 1. IVliat certificates accepted without further inves¬ 
tigation. —A Chinese presenting the certificate prescribed by section 
6 of the act of July 5,1884, in proper form and duly viseed by United 
States consular officers stationed at Canton, Hongkong, Shanghai, or 
Yokohama, shall be admitted, so far as the exclusion laws are con- 


1 Sec. 6, act July 5, 1884, and Art. II of treaty ; but Department has held that hankers 
are to be regarded as “merchants,” and editors as “teachers.” For definition of “Mer¬ 
chant,” see act of 1893 and footnotes; for definition of “ Student,” Rule 8. 

i*22 Op. Atty. Gen., 130, 132, 133; 57 Fed., 591; 116 Fed., 614. 

8 176 U. S., 459. But relatives other than wives and minor children of exempts are 
not admissible (4 Treasury Decisions, 315) ; and widows and their minor children are not 
admissible (Department of Commerce and Labor Decisions Nos. 23 and 35). 

See Immigration Rule 19. 

8 169 U. S., 649, but convincing evidence should be required. (140 U. S.. 417.) 

8 Are admitted, not as citizens, but as the wives of citizens. (170 Fed., 566; 225 U. S, 
460.) 

See Rule 9, p. 42, post. 

8 For instructions regarding spelling of Chinese names, see Rule 26. It is the well- 
established practice that immigration ofiBcials, in connection with the enforcement of the 
Chinese-exciusion laws, shall not board vessels of foreign navies arriving at ports of the 
United States. 

0 24 Op. Atty. Gen., 706; 161 Fed., 627, and 163 Fed., 1021; 164 Fed., 506; 170 Fed., 
566 ; 174 Fed., 674 ; 176 Fed. 933 and 998 ; 183 Fed., 260 ; 223 U. S., 67. 

10 Burden of proof is upon applicant to show admissibility (125 Fed., 641; 185 Fed 
838) ; see also footnote to sec. 3, act of 1892. As to responsibility of transportation com¬ 
panies for Chinese aliens temporarily landed, see extract from sundry civil act of Aug 
24, 1912, p. 20, ante; for regulations regarding hospital treatment. Immigration Rule 19* 

11194 U. S., 161, 170; 198 U. S., 253, 263; 208 U. S., 8, 13; 190 Fed., 897. 



RULES GOVERNING THE ADMISSION OF CHINESE. 33 


cerned, simply upon identification as the proper holder of the 
certificate. 

^ SuBD. 2. Duties of diploTnettic and consular o’fficers concerning cer¬ 
tificates. In accordance with instructions issued at the request of the 
Department of Labor by the Department of State, diplomatic and 
consular officers by whom such certificates are viseed will forward to 
the immigration official in charge at the proposed port of entry a 
report of the investigation conducted before viseing the certificate, in 
connection with which the family history of the applicant shall be 
fully disclosed. Such reports shall be filed with the record of the 
case, for possible future reference. 

SuBD. 3. Subsequent^ investigation of holders of certificates .—The 
officer in charge of a district in which a port of entry is located shall 
promptly notify the officers in charge of other districts of the admis¬ 
sion or readmission at such port of any member of the exempt 
classes, or of the Avife or minor child of such an exempt, destined to 
such other district, and it shall be the duty of all officers in charge 
of ^ districts to make subsequent investigations regarding such 
Chinese^ so that deportation proceedings may be instituted if it is 
ascertained that they are illegally within the United States. 

Rule 5. APPEARANCE OP COUNSEL; SUBMISSION AND INVESTIGATION 

OP ADDITIONAL EVIDENCE; APPEALS. 


Subdivision 1. When counsel permitted to participate. —If upon 
the conclusion of the hearing conducted in accordance with Rule 3 
the officer in charge does not conclude that the apjilicant is admissi¬ 
ble, counsel emploj^ed by applicant or in his behalf shall be permitted 
to examine the record formulated at the hearing, and may be loaned 
a copy of the transcript of testimony contained therein. If there is 
a consular officer of China at the port where examination is held, he 
also shall be notified in AA’riting that the hearing has been finished 
and the officer in charge has not been able to conclude that the ap¬ 
plicant is entitled to land, and shall be permitted to examine the 
record. The Avord “ record ” as used in this paragraph shall not be 
construed to include memoranda of comment or letters of transmittal 
unless they contain evidence additional to that in the record proper. 

Sued. 2. Submission and investigation of additional evidence .— 
Counsel shall be granted 10 days Avithin AAdiich to submit additional 
evidence if he desires to do so. As soon as the neAv evidence is sub¬ 
mitted, such further investigation and examination as may be made 
necessary thereby shall be conducted promptly. Within the period 
specified counsel must complete the applicant’s case by submitting all 
available evidence or producing the Avitnesses who are to testify. 
Additional time for the preparation of cases Avill be alloAved only 
when, in the judgment of the officer in charge, a literal compliance 
with this requirement Avould occasion injustice to the applicant or the 
risk of defeat of the purposes of the law. If an extension of time 
is alloAved, the reason for its alloAvance shall be stated in the record.^ 

Sued. 3. Appeals. — If upon considering the additional evidence 
the officer in charge reaches the conclusion that the applicant has not 



1 Compliance 
f?ration officer 
588 ; 189 U. S., 

447; 161 Fed., 592; 168 Fed., 479 and 488). 

.(Administrative officers are sole judges of sufficiency and weight of evidence submitted to 
them (186 TT. S., 168, 176). See also 228 U. S., 678. Decisions by such officers not res 
judicata (180 U. S., 486; 202 U. S., 281; 85 Fed., 422; 97 Fed., 576; 196 Fed., 736). 



34 


RULES GOVERNING THE ADMISSION OF CHINESE. 


satisfactorily established his claim of right to enter, such officer shall 
enter upon the record an excluding decision, and shall notify the 
applicant or his counsel that such decision has been rendered, and 
that five days will be allowed in which to take an appeal to the 
Secretary of Labor. Notice of a desire to appeal sl^all act as a 
stay upon the disposal of the applicant until a final decision is 
rendered by the Secretary. 

Sued. 4. Applications for reopening. — {a) Applications for re¬ 
opening decided cases must be submitted to the officer in charge at 
the port of detention; and the reopening of such cases will not be 
authorized by the bureau or department (unless for quite extraordi¬ 
nary reasons) except upon recommendation of such officer. 

(h) Whenever, either before or after receipt of a decision from the 
bureau or department affirming an excluding decision, an officer in 
charge learns of new evidence of such relevancy and materiality as 
in his opinion to require that in justice to the applicant it be con¬ 
sidered, and such officer in charge is satisfied such evidence could not, 
with the exercise of reasonable diligence, have been introduced in- 
connection with the regular hearing, he may stay deportation and 
request the bureau’s permission to reopen the case, at the same time 
briefly stating the general nature of the new evidence. ^Ylien neces¬ 
sary^ to telegraph, the telegram shall be in substantially the following 
form: 

For the purpose of receivin? new material evidence, heretofore unobtainable 

with exercise of reasonable diligence, recommended reopening case of - 

-. (Very briefly indicate character of new evidence.) 

The words “ For the purpose of receiving new material evidence, 
heretofore unobtainable with exercise of reasonable diligence, rec¬ 
ommend reopening case of ” shall be represented by the code word 
“ Renvoy.” 

(c) Whenever a case is referred back to an officer in charge by the 
bureau or department in order that additional evidence may be taken, 
such case is thereby reopened; and after the new evidence has been 
taken said officer shall render a new decision, in which in his discre¬ 
tion he may reaffirm, alter, or reverse the previous decision. 

Sued. 5. Admissions under bond. — {a) When it appears from an 
appeal record before the department that the applicant has almost, 
but not quite, established his right to enter, and that delaying final 
decision and temporarily landing such applicant may result within 
a reasonable time in the production of evidence sufficient to 
justify a permanent landing, the acceptance of bond,^ in the penalty 
of not less than $2,000, will be authorized, such bond to be con¬ 
ditioned that the temporarily landed alien shall appear when re¬ 
quired for any hearing or hearings touching his right to admission 
and shall deliver himself or be produced for return to the country 
whence he came if and when found not entitled to enter and remain 
in the United States. Such bond shall be executed in strict con¬ 
formity with the req^uirements prescribed in the form ^ provided by 
the Bureau of Immigration, and the sureties thereon shall be ap¬ 
proved as good and sufficient by the officer in charge at the port of 
application. 


1 Form No. 564. 





RULES GOVERNING THE ADMISSION OF CHINESE. 


35 


{h) Any person so allowed to proceed shall not be considered as 
having entered the United States unless and until it is finally decided 
by the Secretary of Labor that he is lawfully entitled to admission, 
and such decision is duly entered of record; and if finally it shall 
be decided that such person is not entitled to admission he shall be 
deemed to be subject to exclusion by executive action as if he had 
been stopped at the boundary of the country pending the determi¬ 
nation of his right to enter,^ except that the transportation agency 
by which he was brought to this country shall be responsible only for 
the return of such person to the country w^hence he came, and not also 
for his maintenance and safe custody for the period during which 
he is permitted to go at large in accordance with the provisions 
liereof. 

Rule 6. DEPORTATION. 

Subdivision 1. Expenses^ how home. —Every Chinese person re¬ 
fused admission to the United States, being actually or constructively 
on the vessel or other conversance by which he was brought to a port 
of entrrs, must be returned to the country whence he came, at the 
expense of the transportation agency owning such vessel or con- 
vevance. 

« ^ _ 

SuBD. 2. Notification of time of sailing. —The master, agent, or 
owner of any vessel or other means of transportation by which 
Chinese persons are brought to any port of entry shall notify the 
officer in charge at said port, at least 24 hours before the intended time 
of departure of the vessel or other vehicle, of such sailing or depart¬ 
ure, in order that the said officer may place on board every Chinese 
person whose application for permission to land has been finally 
denied. 

Rule 7. SEAMEN.2 

Subdivision 1. Who are seamen .— {a) “The term ‘seaman’ as 
used in this act shall include every person signed on the ship’s articles 
and employed in any capacity on board any vessel arriving in the 
United States from any foreign port or place.” (Sec. 1.) In the 
seamen sections (secs. 31-36) the terms “ member of the crew,” 
“ alien employed on board,” “ alien seaman,” and “ alien employee ” 
are used as synonymous with the word “ seaman ” as defined in the 
act. Wherever such words or terms are used in this rule or in the 
immigration act they shall have the meaning above given. Only 
aliens who come within such definition shall be treated in the special 
manner herein specified. The cases of all others shall be handled in 
a’ccordance with the general requirements of the immigration act and 
of other immigration rules herewith promulgated or in accordance 
with the treaty, laws, and rules governing the admission of Chinese. 

{h) “Arriving in the United States from any foreign port or 
place ” means arriving in the “ United States, and any waters, terri¬ 
tory, or other place subject to the jurisdiction thereof, except the 
Isthmian Canal Zone,” from any port or place in a foreign country, 
in the Canal Zone, or in any insular possession of the United States 
(secs. 1, 19, and 31-36 of the immigration act; sec. 1 of the Chinese- 

1198 U. S., 263; 161 Fed., 627; 163 Fed., 1021. 

2 This rule is a copy of Rule 10 of the immigration rules of May 1, 1917. Under the 
Immigration act of Feb. 5, 1917 (material parts of which appear at pp. 20 to 29, ante), 
the cases of seamen of all races are to be handled in the same manner. The sections 
referred to in this rule relate to said immigration act. 




36 RULES GOVERNING THE ADMISSION OF CHINESE. 

exclusion act of Apr. 29, 1902, as amended by sec. 5 of the deficiency 
act of Apr. 27, 1904) or, in cases of Chinese persons or persons of 
Chinese descent, in the territory of Hawaii (last-mentioned act and 
joint resolution of July 7,1898). In the expression “ reship foreign ” 
and similar expressions used in this rule the word “ foreign ” includes 
the insular possessions and the Canal Zone in all cases and also 
HaAvaii in Chinese cases. 

Sued. 2. CollectioTi of head tax. — {a) The head tax shall be col¬ 
lected on “ alien seamen regularly admitted as provided in this act.” 
(Sec. 2.) If the seaman shall be discharged in a United States port 
by the master or any other officer of the vessel “ bringing such alien 
to the United States,” and thereupon shall be regularly admitted, the 
tax shall be paid by the “ master, agent, OAAmer, or consignee of the 
A'essel ” or “ transportation line ” responsible under section 2. 

{!)) If the seaman lands Avithout being discharged and voluntarily 
applies to the immigration officials for examination, or is appre¬ 
hended after entering AAuthout inspection and examined, and as a 
consequence of either examination is admitted, the seaman shall be 
required to pay the tax himself as a condition precedent to his regular 
admission. But the same exception that applies to alien passengers 
from the insular possessions shall apply to cases arising'hereunder.^ 

{c) “ Eegularly admitted” means admitted AAnth intention not to 
reship foreign and in accordance Avith the terms of this rule. 

Sued. 3. Manifesting.^ registeringand identifying .— {a) Arriving 
and departing seamen shall be manifested on the blank forms pro- 
Auded for that purpose by the department,- in accordance AAuth the 
terms of section 36. When an arriAung seaman is a “ workaAvay ” a 
notation to that effect should be made on the manifest. 

{!)) Clearance shall not be granted any A^essel until the manifests 
required by section 36 have been furnished, and not then unless, 
notice of liability to the administrative fine prescribed by said sec¬ 
tion or to that prescribed by section 35 having been served, the 
deposit specified in rule 28 of the immigration rules has been made. 

{c) The notice required by section 36 to be furnished regarding 
any alien Avho may have “ illegally landed ” Avhile the vessel has been 
in port should consist of a letter reporting the fact ^ and giving the 
name, nationality, and description of the alien and “ any informa¬ 
tion ” wdthin the knoAA ledge of the master or officers of the ship or 
transportation line “ likely to lead to his apprehension.” “ Illegally 
landed ” means landed in any other manner than that prescribed in 
this rule. 

{d) When a vessel calls at several United States ports the list of 
arriving seamen required by section 36 shall be delivered to the immi¬ 
gration official in charge at the port of arriA^al, who will give his 
receipt therefor to the master; the report of the illegal landings 
required by said section shall be made to the immigration official in 
charge at the port of arrival or call Avhere the illegal landing occurs; 
and the list of departing, deserted, and landed seamen required by 
said section shall be delivered to the immigration official in charge at 
the final port of call, i. e., the port from which the A^essel departs sail¬ 
ing foreign. The immigration official in charge at any port of call or 
final clearance foreign shall promptly notify the immigration official 


1 See subd. 3 (i) and subd. 4, Rule 1, of the immigration rules. 

2 Form 680 for arriving; Form 683 for departing. 

® Prepared on Form 683. 



RULES GOVERNING THE ADMISSION OF CHINESE. 37 

in charge at the port of initial entry (where the incoming crew list 
is filed) of any and all changes occurring in the crew of any vessel 
subsequent to departure from such initial port of arrival; and such 
report shall be filed with the crew list to which it refers. 

(e) A card register of arriving seamen shall be prepared and kept 
in the following manner: Masters or other officers of vessels in the 
foreign trade shall furnish each alien seaman in their employ with a 
card ^ containing his name, age at date of issue, nationality, personal 
description, and his photograph. A duplicate of said card shall be 
furnished by the master or other officer to the immigration officials. 
The latter, on the first occasion Avhen the seaman is examined, shall 
complete the card and duplicate by signing his name along the 
margin of the photograph, partly thereon and partly on the card 
itself, and by having the seaman do likewise. Also, the examining 
immigration official shall indicate on the original and duplicate card 
the status of the seaman under the law, as provided in subdivision 6 
hereof. The original of the card, after being so completed, shall be 
delivered to the seaman; the duplicate shall be filed and properly in¬ 
dexed for future reference. Upon reasonable proof of loss or destruc¬ 
tion of the original, or upon the surrender of the original when it 
becomes worn or mutilated, a copy of the card shall be furnished to 
Mny seaman who at the time of making the application still occupies a 
lawful status as seaman. Such application may be made directly by 
the seaman to the immigration officer in charge at any port, or through 
the master or other officer of a vessel by which the seaman rearrives in 
a United States port to an examining immigration official, in the latter 
event the card being filled out by the master or other officer as though 
an original and a note attached showing that it is a reissue. 

(/) No seaman shall be allowed by an immigrant inspector to land 
from a vessel, either temporarily or permanently, without being reg¬ 
istered in the foregoing manner and furnished with an identifica¬ 
tion card, unless he presents such a card showing that he already has 
been registered. If any owner, agent, consignee, or master of a ves¬ 
sel pays off or discharges or fails to retain on board any alien who 
has not been given the inspection required by this rule, such vessel 
thereby becomes liable to prosecution for the penalty prescribed by 
sections 32 and 33, and steps to that end shall be taken at once by the 
immigi’ation official in charge. 

Sued. 4. Medical examination ,—All alien seamen arriving in ports 
of the United States shall be medically examined aboard ship each 
time they arrive. So far as possible such examination shall be simi¬ 
lar to that made in the cases of alien passengers. If any such seaman 
shall be found to be afflicted with any mental defect or physical 
disease or affection which, by operation of the certificate alone, places 
him within any class of aliens mandatorily excluded by section 3, he 
shall be so certified and shall be allowed to appeal to a board of sur¬ 
geons, and, in mental cases, to introduce an expert witness of his own 
choice before such board if he so desires.^ The certificate shall be 
delivered to the immigration officer in charge of the examination of 
the seamen of the vessel involved, wdio shall promptly, for and in 
the name of the immigration officer in charge at the port, notify the 
master or other responsible officer of the vessel ^ that the alien must 
be detained on board in accordance with section 32 or placed in hos- 


1 Prepared on Form 685. 


2 See sec. 16, immigration act. 


2 Using Form 681. 




38 


RULES GOVERNING THE ADMISSION OF CHINESE. 


pital in accordance with said section or section 35 and subdivision 5 
hereof, as the certificate may indicate is advisable or the circum¬ 
stances may demand, unless arrangements shall be made with the im¬ 
migration officials in charge by the master or other officer of the 
vessel or transportation company for his detention in an immigrant 
station at the expense of the vessel or company. 

Sued. 5. Exclusion and hospital treatment of seamen mentally or 
physically afflicted. —No seaman affiicted with idiocy, imbecility, in¬ 
sanity, epilepsy, tuberculosis in any form, or a loathsome contagious 
or dangerous contagious disease shall be permitted to land perma¬ 
nently in a port of the United States, and a seaman so affiicted shall 
be permitted to land temporarily only in the event that he is entitled 
to receive, or the circumstances are such as to require for humane or 
sanitary reasons that he shall be afforded, treatment either in a 
public-health hospital or in an immigration hospital. (Secs. 32 and 
35.) If a certificate requiring the vessel to be fined is issued in 
accordance with section 35, the seaman shall be detained and treated 
in an immigration hospital (unless the seaman prefers to remain 
aboard and the responsible officer of the vessel will assume respon¬ 
sibility for his safekeeping and care) “ at the expense of the vessel.” 
If an afflicted seaman shall be cured of any other disability than 
insanity before deportation becomes practicable, he shall be accorded 
the inspection prescribed in subdivision 6 hereof. 

Sued. 6 . Primary immigrcttion inspection .— {a) In addition to the 
medical examination which, together with its results, is described in 
the two preceding subdivisions, all seamen arriving in ports of the 
United States, except those rejected or placed in hospitals in conse¬ 
quence of such medical examination, shall be regularly inspected by 
immigrant inspectors. 

(6) If such seaman is not already in possession thereof, the officers 
of the vessel shall furnish him with the identification card described 
in subdivision 3 hereof, and the immigration officials shall complete 
such card and note in the appropriate space thereon the seaman’s 
intention with respect to reshipping or not. If it is ascertained that 
the seaman’s intention is not to reship foreign or to remain on a 
vessel that sails foreign, the inspection shall proceed as though the 
seaman were an alien passenger applying for admission, and he shall 
be admitted or held for special inquirj^ in regular course. If it is 
ascertained that it is the seaman’s intention to remain on the vessel 
or to reship foreign, the inspection shall proceed sufficiently to de¬ 
velop to a reasonable degree whether or not the alien belongs to one 
of the excluded classes, a notation thereupon to be placed upon the 
card indicating the inspector’s opinion as to the seaman’s admissibil¬ 
ity if he were applying for entry. There shall be printed on the iden¬ 
tification card the three notations “ Division 1,” “ Division 2,” and 
“ Division 3.” If the inspector is satisfied of the seaman’s admissi¬ 
bility, he shall draw a line through the latter two, leaving the former 
as a notation expressing his opinon; if satisfied of the seaman’s in¬ 
admissibility, the first two shall be stricken out and the last left as 
the inspector’s notation; but if doubt exists upon the part of the in¬ 
spector, the first and last shall be stricken out leaving “ Division 2 ” 
as the inspector’s notation upon the card. For example, if the in¬ 
spector ascertains that the seaman is a Chinese, or a laborer from a 
country that issues limited passports and not in possession of a pass- 


RULES GOVERNING THE ADMISSION OF CHINESE. 39 

port entitling him to land in the United States, or is a native of that 
portion of the Orient geographically defined in section 3^ or is an 
illiterate within the meaning of the illiteracy provision of section 3, 
the inspector shall as a matter of course strike out the first two 
notations and leave the last; if he ascertains that the seaman does 
not belong to any of such classes, and is satisfied from inspection and 
examination of him that he is neither likely to become a public charge 
nor afflicted with any minor physical defect that may affect earning 
capacity, he shall permit the notation ‘‘ Division 1 ” to remain upon 
the card, striking out the other two; if the inspector is in doubt with 
respect to these indefinite and not always readily determinable points, 
the second notation shall be left upon the card, the first and third 
being stricken out. 

(c) If such seaman is already in possession of the identification 
card prescribed in subdivision 3, the “ primary immigration inspec¬ 
tion ” shall consist merely in determining that the presenter is the 
proper holder of the card and in ascertaining whether or not it is 
his intention to reship. If he asserts it is his intention to reship 
foreign, the “ inspection ” shall be closed by returning his card to 
him. If he asserts an intention not to reship foreign, then the in¬ 
spection shall proceed as though the seaman were an alien passenger 
applying for admission, the seaman to be admitted or held for special 
inquiry in regular course as the facts may require. 

Sued. 7. Secondary immigration inspection. — (a) Any seaman 
holding an identification card containing the notation “ Division 1 ” 
made thereon in accordance with subdivision 6 hereof who, at any 
time after having been permitted to land with the intention of re¬ 
shipping, changes that intention and desires to remain permanently 
in the United States, may accomplish that purpose simply by sur¬ 
rendering his identification card to an immigration officer in charge 
at any immigration station in the United States and furnishing the 
usual manifest data and a postal money order covering the head 
tax. In such case the officer to whom the card is surrendered and 
the money order for head tax delivered shall forward such card and 
money order to the officer in charge at the port where the card issued; 
and thereupon an entry shall be made in the appropriate records of 
such office showing the regular entry of the alien to the United 
States as of the date of the surrender and payment. 

(b) Any seaman holding an identification card bearing either the 
notation “ Division 3 ” or Division 2 ” made thereon in accordance 
with subdivision 6 hereof who, at any time after having been per¬ 
mitted to land with the intention of reshipping, changes that inten¬ 
tion and desires to remain permanently in the United States, may 
apply for complete inspection to the immigration officer in charge 
at any immigration station in the United States. Thereupon such 
seaman shall be examined in regular manner, held for examination 
by board of special inquiry if expressly excludable or the facts and 
circumstances developed raise a doubt regarding his admissibility, 
and if found admissible by the inspector or the board he shall be 
admitted upon surrendering his identification card and paying the 
head tax; if rejected by the board, he shall be allowed an appeal to 
the department at Washington. If upon the taking of an appeal the 
board’s decision is affirmed, a warrant of deportation will be issued 
by the department and the alien deported (sec. 20) at the expense 


40 EULES GOVERNING THE ADMISSION OF CHINESE. 

of the immigration appropriation. If the alien is admitted by the 
inspector, the board, or the department, the identification card and 
the money order for head tax collected shall be transmitted to the 
officer in charge at the port where the card issued, in the manner 
provided in the preceding paragraph hereof. 

SuBD. 8. Value of identification card. —The seaman’s identification 
card hereinbefore prescribed shall not constitute evidence of a right 
to enter or to be or to remain in the United States. It simply evi¬ 
dences the status of the holder as a seaman, identifies him, and indi¬ 
cates the point to w’hich his inspection or examination under the law 
has proceeded and what remains to be done in his case if he ceases 
to be a seaman and becomes an alien applicant for admission. It 
shall have the same value at every other port as at the port where 
issued. 

Surd. 9. Am'est of violators. — (<?) Any alien who shall come to a 
United States port as a seaman and land or remain in the United 
States otherwise than in pursuance of and in accordance with the 
provisions of this rule shall be arrested, as provided in section 34, 
Avhenever and wherever found in this country within three 5 ^ears from 
the date of landing or from the date when his status changed from 
that of a seaman to that of an alien here resident. Such alien then 
shall be brought before a board of special inquiry and subjected to a 
thorough examination under all provisions of the immigration law 
applicable to the case of an alien seeking admission; such investiga¬ 
tion, if any, as may be necessary to develop evidence concerning him 
shall be conducted and he shall be subjected also to the medical 
examination required in the cases of alien applicants for admission. 
If rejected by the board he shall be allowed an appeal to the depart¬ 
ment unless the rejection is upon a ground with respect to which the 
law prohibits an appeal; and in any event the record of the board 
of special inquiry shall be transmitted to the bureau for submission 
to the department, in order that a final decision may be rendered if 
upon appeal and that a warrant of deportation may be issued whether 
upon appeal or not. Upon the issuance of the warrant the alien shall 
be deported at the expense of the immigration appropriation. 

{h) In the case of a Chinese, if apprehension shall occur more than 
three years after his status has changed from that of a seaman to that 
of an alien here resident, such Chinese shall be arrested in accordance 
with the Chinese treaty, laws, and rules and brought to trial before 
a United States commissioner or judge. 

SuBD. 10. Administrative fines. — The fine prescribed by section 35. 
for bringing to United States ports seamen afflicted vuth certain 
mental and physical disabilities shall be assessed in accordance with 
subdivisions 1, 2 («), and 5 of Rule 28 (immigration rules), and that 
prescribed by section 36 for failure to furnish specific information 
regarding seamen shall be assessed in accordance with subdivision 
2 (h) of Rule 28 (immigration rules). 

SuBD. 11. Status of American vessels. —As the deck of an American 
vessel is constructively American soil, vessels of United States reg¬ 
istry will be excepted from the operation of this rule wuth respect to 
all seamen signed on such vessels in ports of the mainland of the 
United States; but with respect to seamen signed on such vessels at 
foreign ports or ports of the Canal Zone, or insular possessions, or 
Hawaii (in cases of Chinese), the rule shall be fully applied, just 
as the law and regulations with respect to alien passengers brought 


RULES GOVERNING THE ADMISSION OF CHINESE. 41 

\6SS6ls arc applied under the general provisions of 

tne act. 

Sued. 12. Disabled seamen. —A disabled alien seaman, who never- 
theless does not intend to relinquish his calling, but whom the master 
01 the vessel is obliged under the navigation laws of the country to 
which the vessel belongs to return to the country where he embarked, 
may, under such regulations as the officer in charge deems proper 
to carry out the purposes of this subdivision, pass through the United 
States in transit to such country by the most expeditious and direct 
route. Where he is suffering from a loathsome contagious or danger¬ 
ous contagious disease, or with tuberculosis in any form, or from 
a mental disability, or is in such physical or mental condition as to 
render him a person likely to become a public charge, the master 
must make arrangements for his proper care while in transit and 
furnish a sum of money sufficient to defray the expenses thereof. 
These provisions are made in the interest of trade and because of the 
peculiar position occupied by seamen under principles of interna¬ 
tional comity; and in all cases to which they apply the immigration 
officials shall confer not only with the master but with the consular 
representative of the country to which the vessel belongs. 

Rule 8. STUDENTS. 

Subdivision!. Definition. —A student^ Avithin the meaning of the 
treaty and laiA^s of the United States relating to the admission and 
exclusion of Chinese is a person Avho pursues some regular course of 
study, including the higher branches of learning, but not excluding 
the elementary or preparatory branches, if undertaken in good faith; 
and for whose maintenance and support as a student in the United 
States adequate financial provision has been made or satisfactorily 
assured, and Avho, upon the conclusion of his studies, departs from the 
United States, unless then found to be qualified to remain as pro¬ 
vided in subdiAusion 4 hereof.^ 

Sued. 2. Investigation of af plications for “ section-6 ” certifi¬ 
cates. —In determining whether an applicant for a “ section-6 ” cer¬ 
tificate as a student is entitled to receiA^e same, care shall be exercised 
by consular officers to ascertain that proper arrangements have been 
perfected for applicant’s schooling, that some particular school or 
college has been selected, or that he is going to some responsible 
person who will select a proper school for him, and that adequate 
financial proAusion has been made for maintenance and tuition. 
Consular officers will advise officers in charge of the result of the 
iuA’estigation regarding these points. Immigration officers shall co¬ 
operate fully and promptly with consular officers wheneA^er re¬ 
quested to conduct in the United States an inA^estigation Avith re¬ 
spect to the character of a school or upon any other point. If cir¬ 
cumstances indicate that any element of commercialism or pro¬ 
motion of immigration is inAmh^ed in the case, consular officers shall 
bring the facts to the attention of the Department of Labor, through 
the Department of State, before visffing the certificate. 

Sued. 3. Engagement in other pursuits proMhited conditionally .— 
No applicant admitted as a student shall be permitted to folloAV 
in the United States any other occupation than that of studying 

1 See Rule 4 regarding landing of students. 

2 A stricter definition than this has been cited with approval in a decision of a district 
court, not published but of record in the Bureau of Immigration (United States v. I’un 
Fu, No. 52780-85). 




42 RULES GOVERNING THE ADMISSION OF CHINESE. 

unless and until he shall have made application to the immigration 
officer in charge of the district of his residence^ for the privilege of 
changing from that to some other exempt occupation and been 
granted such privilege. From an adverse decision by an immigra¬ 
tion official in charge on such an application, appeal shall be allowed 
to the Commissioner General of Immigration. 

Sued. 4. Subsequent investigation. —In each instance in which a 
student is admitted officers in charge at ports of entry shall advise 
the officer in charge of the district in which is located the school to 
Avhich the admitted applicant claims to be going; and the latter 
shall ascertain Avhether the avowed purpose of the student is carried 
out, and, if so, shall make arrangements with the head of the school 
under which such officer in charge will be promptly advised if the 
student leaves the school or completes his course therein, and of his 
future address. 

Rule ». WIVES AND CHILDREN OF EXEMPTS. 

Subdivision 1. Theory for admission of. —The Supreme Court 
having held^ that the lawful wife and children of a Chinese of the 
exempt classes may be admitted to the United States without pre¬ 
senting the certificate prescribed by section 6 of the act of «Iuly 5, 
1884, and the theory of said judicial exception to the provisions of 
the treaty and laws being that the dependent members of the house¬ 
hold of a member of the exempt classes may enter without the pre¬ 
scribed certificate because the husband and father is entitled to the 
company of the wife and the care and custody of the children and 
because, such wife and children having no status of their own, to 
require them to present the certificate would be to attempt to exact 
an impossibility, the following conditions are prescribed with re¬ 
spect to the proof that shall be exacted in the cases of such wives 
and children applying for admission. 

Sued. 2. Evidence concerning. —In every instance there shall be 
exacted convincing proof of the relationship asserted as the basis 
for admission. If the members of the household of the exempt 
apply in company with the latter, the certificate presented by the 
husband or father will be accepted as sufficient to cover the members 
-of his household. If the husband or father is domiciled in the 
United States, evidence shall be required concerning him of the 
character specified by section 2 of the act approved November 3, 
1893, to establish the right of a domiciled merchant to readmission 
after temporary absence from the United States.^ 

Sued. 3. How membership) in household determined. —In the ab¬ 
sence of evidence to the contrary, it shall be assumed that a wife 
or unmarried daughter is a member of the household of the husband 
or father. 

Male chilaren 14 years of age or under ^ shall be conclusively 
presumed to be members of the father’s household. Male children 

1 See Rule 28 for list of officers. 

2 176 U. S., 459. 

3 This provision is a necessary requirement to minimize the perpetration of fraud. It 
has stood in the Chinese regulations since July 27, 1903 (see pamphlet of December, 1903), 
and was of course adopted in pursuance of the general authority conferred upon the 
Department to promulgate I’egulatious needed to give the law effect, and of the special 
authority in that regard conferred by the act of 1902-1904. (See p. 12, pt. 2, IT. R. Rent. 
1231, 57th Cong., 1st sess., and pp. 3662, 3801, 3802, 4240, 4245 (in particular), 4307, 
4419, 4424, 4689, 4761, 4792, vol. 35, Congressional Record). As to character of proofs 
of mercantile status, see Rule 15, subd. 11. 

^ American reckoning. 



RULES GOVERNING THE ADMISSION OF CHINESE. 43 

15 years of age or over and under 18 years of age ^ shall be presumed 
to be members of the father’s household, but such presumption shall 
be subject to rebuttal. Such children 18 years of age or over and 
under 21 years of age ^ shall be required to prove affirmatively and to 
the satisfaction of ■ the Secretary of Labor that they are members 
of the father’s household. 

Sued. 4. Majors not admitted as. —No Chinese male 21 years of 
age or over^ shall be permitted to enter the United States otherwise 
than as of his owm individual status and capacity as a member of 
the exempt classes and upon exhibition of the certificate prescribed 
by section G of the act of July 5, 1884, irrespective of whether he is 
or is not a member of the household of his exempt father. 

Rule 9—^A. WIVES AXD CHILDREX OF CHINESE AMERICAN CITIZENS. 

Subdivision 1. Evidence. —The lawful wife of an American citi¬ 
zen of the Chinese race may be admitted for the purpose of joining 
her husband, and the lawful children of such a citizen partake of 
his citizenship and are therefore entitled to admission. In every 
such case convincing evidence of citizenship and relationship shall 
be exacted. 

Sued. 2. Preinvestigation of alleged husband or father. —In the 
cases described in this rule the exempt status or citizenship of an 
alleged husband or father who is domiciled within the United States 
may be investigated and determined prior to the arrival of the 
wife or child, but no investigation regarding the claimed relation¬ 
ship shall be made until the wife or child arrives at a port of entry. 
In all such preinvestigated cases the decision regarding the alleged 
husband or father’s citizenship shall be rendered by the bureau at 
AVashington, and the procedure prescribed in Rule 16 shall be sub¬ 
stantially followed. 

Rule lO. OFFICERS AUTHORIZED TO ISSUE “ SECTION-6 ” CERTIFICATES. 

The officers whose titles are given below have been authorized by 
their respective Governments to issue to Chinese subjects or citizens 
of such Governments the certificates prescribed by section 6 of the 
act approved July 5, 1884.^ 

Annam: Civil service administrator and director of the bureaus of 
the governor’s mansion at Tonkin. 

Brazil: Chiefs of police, or corresponding officers in the municipali- - 
ties and civil subdivisions. 

Burma, India: Chief secretary to the Government of Burma. 

Canada: 

Ottawa—Chief controller of Chinese immigration, or as¬ 
sistant controller of Chinese immigration. 

Vancouver—Controller of Chinese immigration. 

Victoria—Controller of Chinese immigration. 

AVinnipeg—Controller of Chinese immigration. 

China : 

In Chinese Republic— 

Amoy—Commissioner of foreign affairs, whose duties are 
performed by the Amoy superintendent of customs. 
Canton—Special foreign affairs delegate. 

Chefoo—Commissioner of foreign affairs, whose duties are 
performed by the intendant of circuit for Chiaotung. 


^ American reckoning. 


2 See footnotes to sec. 6, act of July 5, 1884; also Rule 3. 





44 


RULES GOVERNING THE ADMISSION OF CHINESE. 


China—Continued. 

In Chinese Republic—Continued. 

Chungking—Commissioner of foreign affairs, whose duties 
are performed by the Chungking superintendent of 
customs. 

Foochow—Special commissioner of foreign affairs. 

Hankow—Special commissioner of foreign affairs. 

Kowloon—Commissioner of customs. 

Mukden—Special commissioner of foreign affairs. 

Shanghai—Special commissioner of foreign affairs. 

Swatow—Commissioner of foreign affairs. 

Tientsin—Special commissioner of foreign affairs whose 
duties are performed by the Tientsin superintendent of 
customs. 

In countries foreign to China— 

Australia—Chinese consul general, Melbourne. 
Austria-FIungary—Chinese minister or charge d’affaires, 
Vienna. 

Belgium—Chinese minister or charge d’affaires, Brussels. 
Canada—Chinese consul general, Ottawa, and Chinese con¬ 
sul, Vancouver. 

Cuba—Chinese minister or charge d’affaires, Habana. 
England—Chinese minister or charge d’affaires, London. 
France—Chinese minister or charge d’affaires, Paris. 
Germany—Chinese minister or charge d’affaires, Berlin. 
Hawaii—Chinese consul, Honolulu. 

India—Chinese consul, Rangoon, Burma. 

Italy—Chinese minister or charge d’affaires, Rome. 

Japan—Chinese minister or charge d’affaires, Tokyo; Chi¬ 
nese consul general, Yokohama. 

Korea—Chinese consul general, Seoul. 

Alexico—Chinese minister or charge d’affaires, Mexico City. 
Netherlands—Chinese minister or charge d’affaires. The 
Hague. 

Panama—Chinese consul general, Panama. 

Peru—Chinese minister or charge d’affaires, Lima. 
Philippine Islands—Chinese consul general, Manila. 
Portugal—Chinese minister or charge d’affaires, Lisbon. 
Russia—Chinese minister or charge d’affaires, Petrograd. 
Siberia—Chinese commercial agent, Vladivostok. 

Spain—Chinese minister or charge d’affaires, Madrid. 
Straits Settlements—Chinese consul general, Singapore. 
Transvaal—Chinese consul general, Johannesburg. 

Cuba: Chief of immigration department. 

Dutch Guiana. (See Surinam.) 

Dutch East Indies: Directeur van Justitie, Batavia. 

Guatemala: Minister of foreign affairs or subsecretary of state. 
Hongkong: Registrar general. 

India: Chief secretary to the government of Burma. 

Indo-China: Civil service administrator and director of bureaus of 
the governor’s mansion at Tonkin. 

Jamaica: Deputy inspector general of police. 



RULES GOVERNING THE ADMISSION OF CHINESE. 


45 


Japan: 

Governor of any fu (district) or ken (prefecture). 

Hokkaido—Governor general. 

Formosa—Chief of prefecture having jurisdiction. 

Macau, Portuguese province of: Secretary general. 

Mexico: Department for foreign affairs. 

Philippine Islands: Collector of customs. 

Society Islands: Commissioner of police of the municipality of Pa¬ 
peete, Tahiti. 

Straits Settlements: Colonial secretary. 

Federal Malay States—Colonial secretary, federal secretary, or 
secretary for Chinese affairs. 

Surinam (Dutch Guiana) : Government’s secretary, or secretary ad 
interim at Paramaribo. 

Tonkin: Civil service administrator and director of the bureaus of 
the governor’s mansion. 

Trinidad: Inspector general of constabulary. 

Venezuela: Mayors of cities or governors of provinces. 

Rule 11. CITIZENS AND EXEMPTS RESIDENT IN INSULAR POSSESSIONS 

AND HAWAII. 

Subdivision 1. Citizens of imular temtory other than Hawaii .— 
If Chinese persons of the exempt classes who are citizens of other in¬ 
sular territory of the United States than the Territory of Hawaii 
desire to go from such insular territory to the mainland or from 
one insular territory to another, they shall comply with the terms 
of section 6 of the act approved July 5, 1884. The certificate pre¬ 
scribed by said section shall be granted by officers designated for 
that purpose by the chief executives of said insular territories, and 
the duties thereby imposed upon United States diplomatic and con¬ 
sular officers in foreign countries in relation to Chinese persons of 
the said classes shall be discharged by the officers in charge of the 
enforcement of the Chinese-exclusion acts at the ports, respectiA^ely, 
from which any members of such excepted classes intend to depart 
from any insular territory of the United States Provided, hoioever^ 
That the privilege of transit shall be extended to all persons other 
than laborers, as provided in Rule 18. 

SuBP. 2. Citizens andj exempt residents of Hawaii. —As all persons 
who were citizens of the Republic of Hawaii on Augnst 12, 1898, 
are citizens of the United States,’^ persons of the Chinese race claim¬ 
ing such status may be admitted at either mainland or insular ports 
of entry upon producing evidence sufficient to establish such claim. 
Citizens of the Chinese Republic of the exempt classes residing in 
Hawaii must obtain certificates from the representative of their own 
Government (the Chinese consul, Honolulu), and such certificates 
must be viseed by the inspector in charge of the immigration service 
in said islands instead of by a diplomatic or consular officer. 

SuBD. 3. Citizens and exempt residents of the Philippine Islands .— 
The Governor General of the Philippine Islands having, by ex¬ 
ecutive order No. 38, of September 23, 1904, designated the collector 
of customs, Manila, to issue to Chinese citizens of those islands the 
certificate provided by section 6 of the act of July 5, 1884, and it 
being impracticable to require that such certificate shall be viseed, 

1 1 opf" nf 100*^—1004 

2 Sec! 4,’ act of ApUso! 1900 ; 23 Op. Atty. Gen., 345, 509. 



46 


RULES GOVERNING THE ADMISSION OF CHINESE. 


officers at ports of entry for Chinese will regard certificates issued to 
such Philippine citizens in the same manner as certificates issued by 
officials of foreign countries and viseed by American diplomatic or 
consular officers. Certificates issued by the Chinese consul general, 
Manila, to citizens of the Chinese Repuhlic residing in the Philip¬ 
pines Avill be viseed by the collector of customs at Manila, and when 
so viseed will be accorded the usual consideration. 

Rule 12. LABORER’S RETURN CERTIFICATE, WHO ENTITLED TO. 

The laborer’s return certificate provided by section 7 of the act 
of September 13, 1888, shall be issued only to such Chinese persons 
as have been duly registered under the provisions of the act of May 
5, 1892, or the act of November 3, 1893, and present a certificate 
issued thereunder, or such as have established before a court of com¬ 
petent jurisdiction the lawfulness of their residence in the United 
States and presented a certified copy of the court’s decision, or 
such as otherwise establish before the immigration official to whom 
application for the return certificate is made that they are lawfully 
within the United States.^ 

Rule 13. LABORER’S RETURN CERTIFICATE, PROCEDURE FOR OBTAINING. 

Subdivision 1. Foi-mi of application. — Any Chinese laborer claim¬ 
ing the right to leave and return to the United States in accordance 
with sections 5 to 7 of the act of September 13, 1888,^ shall make 
written application to the immigration officer located nearest to his 
place of residence for preinvestigation of his claim, such application 
to be prepared in triplicate on Form No. 432, furnished by said 
immigration officer, and to be filed at least 30 days prior to the date 
of proposed departure. 

Sued. 2. Evidence. —Such applicant shall deposit Avith said officer 
a certificate of registration^ or a certified copy of a decision of a 
court of competent jurisdiction shoAving that he is laAvfully resident 
in the United States, or shall submit to such officer parol evidence 
showing that he Avas lawfully admitted to and has maintained a 
laAvful status Avhile resident Avithin the United States, and such appli¬ 
cant shall make on oath before the officer in writing a full statement 
descriptive of his family or property or debts,^ as the case may be, 
and giving his name, height, local residence, occupation, and dis¬ 
tinguishing marks if any, and naming the port at Avhich he expects 
to depart from the United States, which shall be one of those desig¬ 
nated in Rule 1. He shall be required to furnish the testimony of 
not less than two credible Avitnesses, Avho haA^e had opportunity to 
know the circumstances to which they testify, that one of the 
grounds specified by the section of laAv above-mentioned actually 
exists. 

Sued. 3. Photograph. — To each of the three copies of said applica¬ 
tion there shall be attached a photograph of the applicant, printed 
from the same negative. 

148^F^d^’926 *’ 

2 If a laborer leaves vinthout the return certicate, he can not lawfully reenter • and if he 

reenters, he is subject to deportation. (120 Fed., 899; 21 Op. Atty. Gen., 424* 23 On 
Atty. Gen., 619.) ’ 

3 Registration certicate under either the act of 1892 or the act of 1893 is sufficient 
(110 Fed., 154.) 

^An open book account is a “debt pending settlement.” (24 Op. Atty. Gen., 037 ) The 
department has held in several cases that money deposited in bank to there remain until 
laborer’s return is “ property.” 




RULES GOVERNING THE ADMISSION OF CHINESE. 47 

Sued. 4. Investigation. —The officer to whom such application is 
submitted shall make a thorough examination as to the accuracy of 
the descriptive statement, whether the accompanying photograph is 
that of the person described in the certificate or certified copy of 
court record and statement, and whether applicant’s height and de¬ 
scriptive physical marks are accurately given, and (unless similar 
action has been taken at so recent a date as to give assurance of the 
genuineness of the papers) shall transmit the certificate of residence 
to the Commissioner General of Immigration for comparison with 
the record thereof in his office, in respect not only to name and date 
therein, but in all other particulars, or the certified copy of court 
record shall be sent for verification to the clerk of the court by whom 
issued. Said officer shall also examine ^ the applicant, such witnesses 
as he may produce, and such other witnesses as may be necessary, 
causing their testimony to be transcribed in triplicate. When an ap¬ 
plicant holding a certificate of residence and his witnesses live at a 
distance from an immigration station, Form No. 432 may be executed 
before any officer authorized to administer oaths and the testimony of 
the witnesses furnished in affidavit form, said executed form and affi¬ 
davits to be forwarded to the officer in charge of the district, accom¬ 
panied by applicant’s certificate of residence. The remaining pro¬ 
visions of the rule shall be observed so far as applicable. 

Sued. 5. Disposition of application. —Upon completing the investi¬ 
gation and after writing his signature across the margin of the pho¬ 
tograph attached to each copy of the application, said officer shall 
forward the original and triplicate of the application, the certificate 
or certified copy of court record, two transcripts of the testimony, 
and his report of his investigation of the case, to the immigration 
official in charge at the port of proposed departure. If applicant 
proposes to make a visit to Canada merely, the papers shall be for¬ 
warded to the inspector in charge, Winnipeg, if the border port is 
Siimas, Portal, or Noyes; to the commissioner of immigration, Mon¬ 
treal, if the border port is Detroit, Buffalo, Malone, Richford, Low- 
elltown, or Vanceboro. 

Sued. 6 . Indorsement at pcn^t of departure. —Upon the receipt of 
the papers named in the preceding subdivision the official in charge 
at the port of departure shall return to the officer from whom re¬ 
ceived the triplicate copy of the application, placing thereon a state¬ 
ment as to whether or not he is satisfied, on the evidence presented, 
to indorse the application favorably. 

Sued. 7. Procedure if decision unfavorahle. —In the event an un¬ 
favorable response is received from the officer in charge at the port, 
the investigating officer shall notify the applicant thereof, advising 
him that such decision is not final, but that he may appeal to the 
Commissioner General of Immigration from the adverse decision.- 

Sued. 8. Procedure if decision favorable. —If a favorable response 
is received, the investigating officer shall deliver to the applicant the 
duplicate copy of the application, with instructions to exchange it 
at the office of the immigration officer in charge at the port of de¬ 
parture for the original thereof. The triplicate returned from the 

1 For instructions regarding spelling of Chinese names, see Rule 26. 

2 Counsel may examine the appeal records in these cases and be loaned a copy thereof in 
the same manner as that provided with respect to appeals from excluding decisions. See 
subd. 1, Rule 5. Cases of this kind may be reopened for the same reasons, in the same 
manner, and with the same effect as cases of applicants for admission. See subd. 4, 
Rule 5. 




48 RULES GOVERNING THE ADMISSION OF CHINESE. 

port of proposed departure and the duplicate copy of the report and 
of the transcript of testimony shall be placed on file in the office of 
the insjiector in charge of the district (or subdistrict, as the local 
practice may require) in which the applicant has resided. 

SuBD. 9. Procedure after decision. —Upon the arrival of the appli¬ 
cant at the port of departure and the presentation by him of the 
duplicate of the application, such duplicate shall be placed on file, 
and the original, with the inclorsement of approval appearing thereon 
filled out and signed, and with the signature and seal of the officer 
in charge placed over the margin of the photograph, shall be de¬ 
livered to the applicant for use upon his return. At the time of 
departure applicant’s address in the country to which he is going 
shall be secured for use in case it should become necessary to corre¬ 
spond with him; and the applicant must be clearly advised that upon 
his return to the port of departure the statutory ground for his read¬ 
mission must still exist. 

SuBD. 10. Procedure on applicants return. —On the return of the 
applicant the original application shall be compared with the dupli¬ 
cate on file and with the person presenting it; and if the officer in 
charge is satisfied of the identity of such person, and nothing has 
occurred during his absence to discredit the evidence taken on the 
preinvestigation, he shall be promptly admitted without further 
examination or investigation, except to ascertain from applicant 
whether the statutory ground for admission still exists. The original 
application shall be then placed in the files, and the applicant’s reg¬ 
istration certificate or certified copy of court record shall be returned 
to him, unless he voluntarily surrenders such paper as a condition 
precedent to the procurement of a certificate of identity,^ and in the 
latter event a notation describing by number or otherwise the sur¬ 
rendered paper shall be placed on the certificate of identity. 

Rule 14. EXTENSION OF TIME LIMIT OF RETURN CERTIFICATES. 

Whenever a Chinese laborer holding a return certificate is detained 
by his sickness or by other disability beyond his control for a time 
in excess of one year after the date of his departure from the United 
States, the facts shall be fully reported to and investigated by the 
consular representative of the United States at the port or place 
from which such laborer departs for the United States, and such 
consular representative shall certify, to the satisfaction of the officer 
in charge at the port of return, which must be the portTrom which 
such laborer departed, that he has fully investigated the statements 
of sUch laborer and believes that he was unavoidably detained for 
the time specified and for the reason stated, such certificate to be 
delivered by such consular representative to the master of the vessel 
on which the Chinese laborer departs for the United States, and by 
the master delivered to the officer in charge at the port of return.^ 

Rule 15. EXE3IPT’S RETURN CERTIFICATE, PROCEDURE FOR OBTAINING. 

Subdivision 1. Form of application. —In order to avoid delay in 
securing admission upon return to one of the ports named in Rule 1 
hereof, any Chinese merchant,^ teacher, or student resident in the 


1 See subd. 9, Rule 19. 

2 Sec. 7, act of 1888. 

® For definition of “ Merchant,” see act of 1893 and footnotes. 




RULES GOVERNING THE ADMISSION OF CHINESE. 


49 


United States Avho desires to go abroad tein})orarily * may make 
written application to the immigration officer located nearest to his 
place of residence for preinvestigation of his claim of being a mer¬ 
chant, or teacher, or student within the meaning of the law, such 
application to be prepared in triplicate on Form No. 431, furnished 
by said immigration officer, and to be filed at least 30 days prior to 
the date of proposed departure. 

SuBD. 2. Photograph and evidence. —To each of the three copies 
of said application there shall be attached a photograph of the 
applicant, printed from the same negative; and there shall be fur¬ 
nished therein the names and addresses of two (or more) credible 
witnesses other than Chinese who are able and willing to testify of 
their own knowledge that for at least one year immediately pre¬ 
ceding the date of proposed departure the applicant has been en¬ 
gaged exclusively in the pursuit named by him; and in States the 
laws of which require the filing with State officials of lists of 
the names of persons associated in mercantile business, a certified 
copy of such list regarding the firm of which applicant claims to be 
a member shall be exacted. 

Sued. 3. Investigation. —The officer to whom said application is 
made shall examine the applicant, such witnesses as he may produce, 
and such other witnesses as may be necessary ,2 causing their testi¬ 
mony to be transcribed in triplicate, and shall take such other steps 
as may be necessary and proper to determine whether the applicant 
Avas lawfully admitted to and has maintained a lawful status wdiile 
resident in the United States, and whether his claim is true. 

Sued. 4. Disposition of application. —Upon completing the in¬ 
vestigation and after writing his signature across the margin of 
the photograph attached to each copy of the application, said officer 
shall forward the original and triplicate of the application, two 
transcripts of the testimony, and his report of his investigation of 
the case to the immigration official in charge at the port of proposed 
departure. If applicant proposes to make a visit to Canada merely, 
the papers shall be forwarded to the inspector in charge, Winnipeg, 
if the border port is Sumas, Portal, or Noyes; to the commissioner 
of immigration, Montreal, if the border port is Detroit, Buffalo, 
Malone, Kichford, Lowelltown, or Vanceboro. 

Sued. 5. Indorsement at port of departwre. —Upon the receipt of 
the papers named in the preceding subdivision the official in charge 
at the port of departure shall return to the officer from whom re¬ 
ceived the triplicate copy of the application, placing thereon a state¬ 
ment as to whether or not he is satisfied, on the evidence presented, 
to indorse the application favorably. 

Sued. 6 . Procedure if decision unfavorable. —In the event an un¬ 
favorable response is receiA^ed from the officer in charge at the port 
the investigating officer shall notify the applicant thereof, advising 
liim that such decision is not final, but that he may appeal there¬ 
from to the Commissioner General of Immigration,^ or, if he so 


1 The Department has held that the wives and minor children of these classes also are 
entitled to the benefit of the rule. 

2 For instructions regarding spelling of Chinese names, see Rule 26. ^ s 

2 Counsel may examine the appeal records in these cases and he loaned a ^py thereof in 
the same manner as that provided with respect to appeals from excluding decisions. See 
sulid 1 Rule 5. Cases of this kind may be reopened for the same reasons, in the same 
riianni and with the .same effect as cases of applicants for admission. See subd. 4. 

Rule 5. 





50 RULES GOVERNING THE ADMISSION OF CHINESE. 

desires, may depart from the country, relying upon his ability to 
produce further and more satisfactory evidence on his return. 

SuBD. 7. Procedure if decision favorable. —If a favorable response 
is received, the investigating officer shall deliver to the applicant 
the duplicate copy of the application, with instructions to exchange 
it at the office of the immigration officer in charge at the port of 
departure for the original thereof. The triplicate returned from 
the port of proposed departure and the duplicate copy of the report, 
of the transcript of testimony, and of documentary proofs shall be 
placed on file in the office of the inspector in charge of the district 
(or subdistrict, as the local practice may require) in which the 
applicant has resided. 

SuBD. 8. Procedure after decision. —Upon the arrival of the appli¬ 
cant at the port of departure and the presentation by him of the 
duplicate of the application, such duplicate shall be placed on file, 
and the original, with the indorsement of approval appearing 
thereon filled out and signed, and with the signature and seal of the 
officer in charge placed over the margin of the photograph, shall be 
delivered to the applicant for use upon his return. At time of 
departure applicant’s address in the country to which he is going 
shall be secured for use in case it should become necessary to corre¬ 
spond with him; and the applicant must be clearly advised that 
upon his return the statutory ground for his readmission must still 
exist. 

SuBD. 9. Procedure on applicant's return. — On the return of the 
applicant the original application shall be compared with the dupli¬ 
cate on file and wfith the person presenting it; and if the officer in 
charge is satisfied of the identity of such person, and nothing has 
occurred during his absence to discredit the evidence taken on the 
preinvestigation, he shall be promptly admitted without further 
examination or investigation, except to ascertain from applicant 
whether the statutory ground for admission still exists. The original 
application shall be then placed in the files. 

SuBD. 10. Preinvestigation not mandatory. — This rule is adopted 
as a privilege., not a requirement^ and precludes no one from de¬ 
ferring the submission of his proofs and the determination of his 
claimed status (primarily by an officer in charge at a port and 
finally, on appeal, by the Secretary) until application is made for 
reentry; nor from leaving the country notwithstanding an adverse 
decision on an application submitted under this rule and again ad¬ 
vancing his claim on returning to a port of the United States, with 
the privilege of appeal if then rejected. 

SuBD. 11. Proof of mercantile status. — Chinese applying for pre¬ 
investigation under the terms of this rule, or for admission without 
having taken advantage of the rule, on the ground of having been 
domiciled in the United States as merchants, shall be required to 
establish to a reasonable certainty that they are actually owners of 
the business claimed or members of the firm owning such business, 
with proofs of the amounts actually paid for their respective interests 
and the times at which such payments were made. In no case should 
the claim of mercantile status be allowed unless inspection of the 
alleged mercantile establishment shows a bona fide capital and stock. 


RULES GOVERNING THE ADMISSION OF CHINESE. 51 


the latter coiiinieiisurate with the former and with the number of 
jiartners claimed^ 


Rule IG. 


NATIVE’S RETURIV 


CERTIFICATE, PROCEDURE FOR OBTAINING. 


Subdivision 1. Farm of ajyplication. —In order to avoid delay in 
securing admission upon return to one of the ports of entry named in 
]\ule 1 hereof, any Chinese person residing in the United States and 
claiming that by reason of birth in this country he is lawfully en¬ 
titled to so reside in, and to depart from and return to, the United 
States, and who desires to go abroad temporarily, may make written 
application to the immigration officer located nearest to his place of 
residence for preinvestigation of his said claim, such application to 
be prepared in triplicate on Form No. 430, furnished by said immi¬ 
gration officer, and to be filed at least 30 days prior to the date of 
proposed departure. 

Sued. 2. Photograph. — To each of the three copies of said applica¬ 
tion there shall be attached a photograph of the applicant, printed 
from the same negative. 

Sued. 3. Evidence. —The officer to whom said application is made 
shall obtain from the applicant such documentary proofs ^ in tripli¬ 
cate of his claim as he may possess, and shall take all necessary steps 
(by correspondence with appro^^riate Government officials) to ascer¬ 
tain whether such documents are genuine and relate to the applicant; 
and shall examine the applicant, such witnesses as he may produce, 
and such other witnesses as may be necessary,^ causing their testimony 
to be transcribed in triplicate; Provided., That the applicant shall 
produce all of his witnesses at a time and place agreed upon, and no 
further witnesses will be examined nor additional evidence consid¬ 
ered at his request unless it is conclusively shown that the previous 
production of such witnesses was impossible or that the additional 
evidence could not have been previously discovered with due dili¬ 
gence. It is not permissible to incur traveling expenses in such cases 
unless, because of peculiar or unusual circumstances, their incurrence 
is authorized in advance by the department. 

Sued. 4. Transmittal of record to bureau. — Upon completing the 
investigation and after writing his signature across the margin of 
the photograph attached to each copy of the application, said officer 
shall forward the original and triplicate of the application, the docu¬ 
mentary proofs, two transcripts of the testimony, and his report of 
his investigation of the case to the Commissioner General of Immi¬ 
gration, Washington, D. C. 

Sued. 5. Decision of case by Commissioner General. —The Com¬ 
missioner General, upon the receipt of the papers named in the pre¬ 
ceding subdivision, shall return to the officer from whom received the 
triplicate copy of the application, placing thereon a statement as to 
, whether or not he is satisfied, on the evidence presented, to indorse 
the application favorably. If the Commissioner General reaches a 
conclusion favorable to the applicant, he shall forward the original 
of the application, appropriately indorsed, to the officer in charge at 
the proposed port of departure. 


^61 Fed., 641. For further references, see footnote 3, p. 16. 
As to method of 
cular letters of Nov. 

For instructions 



see hureau <*ir- 




52 RULES GOVERNING THE ADMISSION OF CHINESE. 

SuBD. C). Si(l:)mission of brief and argument .—When the record 
reaches the Bureau of Immigration it shall be reviewed; and if and 
when the conclusion is reached by the reviewing officer that an un¬ 
favorable decision should be rendered, the applicant shall be so ad¬ 
vised and be allowed 20 days from the mailing of the notice in which 
to present to the Commissioner General, directly or by attorney, such 
})rief and argument as he may desire to prepare and make regarding 
his application. 

SuBD. 7. Procedure if decision unfavorable .—In the event an un¬ 
favorable response is received from the Commissioner General the 
investigating officer shall notify the applicant thereof, advising him 
that such decision is not final, but that if he so desires he may depart 
from the country, relying upon his ability to produce further and 
more satisfactory evidence on his return. 

SuBD. 8. Procedure if decision favorable. — If a favorable response 
is received, the investigating officer shall deliver to the applicant the 
duplicate copy of the application, with instructions to exchange it 
at the office of the immigration officer in charge at the port of de¬ 
parture for the original thereof. The triplicate returned from the 
office of the Commissioner General and the duplicate copy of the 
report of the transcript of testimony and of documentary proofs 
shall be placed on file in the office of the inspector in charge of the 
district (or subdistrict, as the local practice may require) in which 
the applicant has resided. 

SuBD. 9. Procedure after decision .—the arrival of the appli¬ 
cant at the port of departure and the presentation by him of the 
duplicate of the application, such duplicate shall be placed on file, 
and the original, with the indorsement of approval appearing 
thereon filled out and signed, and with the signature and seal of the 
officer in charge placed over the margin of the photograph, shall be 
delivered to the applicant for use upon his return. At the time of 
departure applicant’s address in the country to which he is going 
shall be secured for use in case it should become necessary to corre¬ 
spond with him. 

SuBD. 10. Procedure on applicanfs return. — On the return of the 
applicant the original application shall be compared with the dupli¬ 
cate on file, and with the person presenting it; and if the officer in 
charge is satisfied of the identity of such person, and nothing has 
occurred or been brought to the attention of the immigration officers 
during his absence to discredit the evidence taken on the preinvesti¬ 
gation, he shall be promptly admitted without further examination 
or investigation. The original application shall be then placed in 
the files for safe-keeping and possible future use by the applicant 
should he again leave the United States. 

SuBD. 11. Preinvestigation not mandatong. — This rule furnishes a 
convenient method to be followed by Chinese residents of the United 
States claiming American citizenship who are desirous of departing 
from the country with assurance of prompt readmission on return. 
Compliance with its terms is a privilege.^ not a requirenfient. It 
precludes no one from deferring the submission of his proofs and 
the determination of his claimed status (primarily by an officer in 
charge at a port and finally, on appeal, by the Secretary) until 
application is made for reentry; nor from leaving the country not¬ 
withstanding an adverse decision on an application submitted under 


RULES GOVERNING THE ADMISSION OE CHINESE. 53 

this rule and again advancing his claim on returning to a port of 
the United States, with the privilege of appeal if then rejected. 

Rule 17. TRANSIT OF CHINKSE LABORERS. 

vSuBDivisiON 1. Ports of entry for transit. —Chinese shall not be 
granted the privilege of transit across the United States to foreign 
countries elsewhere than at the seaports of San Francisco, Cal.; 
Portland, Oreg.; Port Townsend or Seattle, Wash.; Boston, Mass.; 
New York, N. Y.; New Orleans, La., and Tampa, Fla. 

SuBD. 2. General requirements. —Chinese laborers shall not be 
granted the privilege of transit through the United States to foreign 
territory if afflicted with tuberculosis or a loathsome contagious or 
dangerous contagious disease, nor in any event unless they comply 
with the requirements of subdivision 3; and if in the judgment of the 
officer in charge at the port of arrival such a person is seeking the 
privilege of transit with an ulterior purpose of gaining unlawful 
access to the United States, or conditions at his claimed destination 
are such as to make it probable that he will smuggle into the United 
States, he shall be refused permission to land.^ 

SuBD. 3. Special requirements. — (a) The applicant shall produce 
to the officer in charge at the port of arrival a prepaid ticket across 
the whole territory of the United States, land or water, intended to 
be traversed (and to his alleged foreign destination according to the 
manifest of the vessel on which he arrives), and such other reason¬ 
able proof as may be required to satisfy the said officer that a bona 
fide transit only is intended and that the applicant has not the 
' ulterior purpose of gaining access to the United States in violation 
of law; and such ticket and evidence must be so stamped or marked 
and dated by the said officer as to prevent their use a second time. 
No such applicant shall be considered as intending in good faith to 
make such transit only if he has already, on the same arrival, made 
application for and been denied admission to the United States. 

( h) The applicant, or some responsible person in his behalf, or the 
transportation company whose through ticket he holds, shall furnish 
to the said officer in charge a good and sufficient bond in the penal 
sum of $500, conditioned for applicant’s continuous transit through . 
and actual departure from the United States within a reasonable 
time, not exceeding 20 days from the date said privilege is granted; 
but the said bond shall not be required of any such applicant who 
remains on shipboard or who is transferred from one vessel to 
another vessel in a United States port, for transit through the water 
territory of the United States, unless the vessel on which applicant 
departs is to touch at another port of the United States on the way 
to its foreign destination. 

(c) The applicant shall furnish to said officer in charge, to be 
taken as directed by said officer, a photograph of himself, in tripli¬ 
cate, together with such information as may be required. 

(d) . The officer in charge at the i:)ort of arrival shall prepare a 
descriptive list, to which one of the photographs required by para¬ 
graph (c) shall be attached, for file in his office, containing as to each 
Chinese laborer applying for the privilege of transit the following 
information: Name, age, sex, last place of residence, and the data 
referred to therein required for his identification. To the said 


’ 185 U. S., 296, 301-305; 111 Fed., 998. 






54 RULES GOVERNING THE ADMISSION OF CHINESE. 

% 

descriptive list there shall be attached a dated and signed statement 
by the said officer in charge that applicant has complied with all the 
provisions hereof, and that, being assured of applicant’s good faith, 
the privilege of transit under bond has been accorded him. 

(e) Two copies of the descriptive list required by paragraph (d) 
shall be prepared by the officer in charge on detached blanks corre¬ 
sponding in form with the said descriptive list, to each of which shall 
be attached one of the photographs required by paragraph (c), 
and upon each of said photographs, as well as on the one attached to 
said list, shall be stamped the seal of the said officer in charge, so 
placed as not to cover any part of the face. One of said copies shall 
be forwarded by the first mail after it is prepared to the officer in 
charge at the intended port of exit, and the remaining one shall be 
given to the conductor of the train or to the captain of the vessel 
. by which the Chinese laborer to whom they relate is carried, for 
delivery to the said officer at the port of exit. 

(/) One of the copies described in paragraph (e) shall be retained 
by the officer in charge at the port of exit, for his files, and the other, 
after an indorsement has been made thereon, duly signed and dated, 
to the effect that the Chinese laborer named therein has been identi¬ 
fied and has departed from the United States, shall be mailed to the 
officer by whom it was prepared, and its receipt by him, duly executed 
as herein required, shall be his authority for cancellation of the bond 
given on behalf of the Chinese laborer. 

Rule 18. TRANSIT OF EXEMPTS. 

No Chinese person who shall satisfy the officer in charge that he is 
other than a laborer (although not supplied with the certificate pro¬ 
vided for by section 6 of the act of July 5, 1884), shall be required to 
comply with such of the provisions of Rule 17 as require Chinese 
persons seeking the privilege of transit to submit photographs of 
themselves and to be measured. If, however, any such Chinese per¬ 
son, after having been admitted to pass in transit through the United 
States, be found therein at the expiration of 20 days from the date 
of such admission, he shall be deemed to be in the United States in 
violation of law and shall be deported. 

Rule 19. CERTIFICATES OF IDENTITY. 

Subdivision 1. Who entitled to .—With a view to affording a 
proper and efficient means of identification to Chinese persons, or 
persons of Chinese descent, admitted or readmitted to the ITnited 
States upon proof of their status as members of the classes specifi¬ 
cally exempted from the excluding provisions of the Chinese-exchi- 
sion laws, or upon proof that they are lawfully resident laborers or 
citizens of the United States by birth therein, a certificate of identity 
shall be issued by the officer in charge at the port of entry to each 
such person admitted or readmitted to this country by him who may 
apply for the same; the instructions hereinafter given to be carefully 
observed in issuing such certificates: Provided^ That only one such 
certificate shall be issued to any one Chinese person, except that 
duplicates of those unavoidably lost or destroyed may be furnished 
under the terms of subdivision 7 of this rule, the method to be fol¬ 
lowed with a view to preventing a violation of this proviso being 
described in subdivision 8 hereof. 


RULES GOVERNING TPIE ADMISSION OF CHINESE. 


55 


SuBD. 2. Style of certificate .—The certificates are printed from 
engraved plates, numbered consecutively, and bound in books con¬ 
taining 50 each, an original and a duplicate of each number being 
furnished, arranged the latter above the former for convenience 
in copying from one to the other, and perforated to permit of 
easy detachment from the book and from each other. 

SuBD. 3. Preparation .—In issuing said certificates care shall be 
exercised to have the original and the duplicate correspond in every 
detail. All blank spaces remaining after writing in the data re¬ 
quired to complete the identification of the person to whom the 
certificate is issued shall be covered by ruled lines, so as to prevent 
the insertion of any additional word or words without detection, 
and the seal of the issuing officer should be impressed across the 
margin of the photograph near the center of the certificate. 

SuBD. 4. Photograph., measurement., and physical marks. —These 
certificates being issued as an accommodation to Chinese persons, 
such persons as may apply for same shall be required to furnish 
two suitable unmounted photographs of themselves, printed from a 
negative that has not been retouched, representing the subject with¬ 
out hat, full front view, showing both ears, measuring 1} inches 
from top of head to point of chin. The photograph shall be attached 
to the certificate with great care to insure permanency and prevent 
warping. The height shall be carefully taken and inserted in feet 
and inches, and in recording physical marks and peculiarities those 
which are the most prominent and the least likely to be obliterated 
by lapse of time shall be selected. In recording the status as of 
which admitted, the address to which destined shall be given if 
possible. 

SuBD. 5. Grounds for cancellation. —These certificates, as shown 
on their face, are issued to Chinese of the exempt classes for their 
protection and identification only so long as such persons shall re¬ 
tain their exempt status^ and are not transferable. Therefore, when 
such a certificate is found by an inspector to be in the possession of 
a person to whom issued as an exempt and such person is engaged 
in the performance of manual labor, or in the possession of a person 
to whom it does not relate as shown by a comparison of such person 
with the photograph and personal description appearing thereon, 
or if at any time it should develop that such certificate has iDeen ob¬ 
tained by fraud, the certificate shall be taken up and forwarded to 
the Bureau of Immigration, with report of the circumstances, for 
decision whether it shall be canceled. 

SuBD. 6 . Filing of duplicates. —The duplicates of the certificates 
shall be forwarded to the Bureau of Immigration promptly upon 
the issuance of the originals, in order that such duplicates may be 
safely filed for future reference. 

SuBD. 7. Replaeeirbent of lost or destroyed certificates. —If such a 
certificate of identification shall be unavoidably lost or destroyed 
at any time, a certificate in lieu thereof will be issued bv the Bureau 
of Immigration upon the applicant’s furnishing satisfactory proof 
of the unavoidable loss or destruction of such certificate, of his 
identity as the person to whom it was originally issued, and of his 

exempt status. . 

SuBD. 8. Value of certificate.—V \\q certificate of identity when 

issued to Chinese of the exempt classes is granted solely for the 
protection of such Chinese while resid'ing vn the Tinted States and 


56 


RULES (JOVERNfNG THE ADMISSION OF CHINESE. 


retaining an exempt status, and therefore will not be accepted as 
satisfactory evidence in any other connection. For example, a domi¬ 
ciled exempt holding such certificate of identity will not be excused 
from a compliance with the terms of subdivision 11 of Eule 15. 
The certificate may be accepted, however, as evidence of a former 
admission'as of an exempt status, and be given such m^rmlative value 
as the circumstances of a case justify. When issued to a person of 
Chinese descent as a United States citizen by birth, the certificate 
Avill be accepted at all times thereafter as evidence of the holder’s 
right to reside in the United States; extreme caution is to be ob¬ 
served, however, in determining whether the certificate is genuine 
and in the hands of the person to whom issued: ^ Provided always^ 
That fraud has not been perpetrated upon the Government in se¬ 
curing its issuance. 

Sued. 9. Other evulenee canceled. — Upon the issuance of the cer¬ 
tificate of identity herein prescribed all other certificates or papers 
offered by Chinese exempts or natives to establish their right of 
admission to the United States shall be retained by the officer at the 
port of entry, a notation in red ink showing the number of the certifi¬ 
cate issued in lieu of them and that they are canceled and filed to be 
written across the face of such papers.^ 

Rule 20. CERTIFICATE OF RESIDENCE. 

SuBDFvusiON 1. ^Yhen issued .—An original certificate of residence 
can be issued to a Chinese laborer only upon the finding of a justice, 
judge, or commissioner of a United States court that such Chinese 
laborer was a resident of the United States during the period of 
registration and that by reason of accident, sickness, or other un¬ 
avoidable cause he was then unable to secure such a certificate.® 

Sued. 2. Who empowered to issue .—The authority, power, and 
jurisdiction in relation to the registration of Chinese lawfully resi¬ 
dent in the United States, formerly vested by law in collectors of 
internal revenue, have been transferred to the Commissioner General 
of Immigration, Washington, D. C., to whom, therefore, applications 
for original certificates should be addressed, accompanied by a cer¬ 
tified transcript of a judicial finding of the character described in 
subdivision 1 hereof. 

Sued. 3. Cancellation .—Certificates of residence issued to Chinese 
laborers, if found elsewhere than in possession of persons to whom 
issued, shall be taken up and forwarded to the Bureau of Immi¬ 
gration. 

Rule 21. DUPLICATE CERTIFICATES OF RESIDENCE. 

Duplicate certificates of residence shall be issued only upon sat¬ 
isfactory proof to the Commissioner General of Immigration that 
the Chinese person upon whose behalf application therefor is made 
actually has lost, by unavoidable accident, his original certificate. 
Applications for such certificates should be addressed to the Com¬ 
missioner General of Immigration, Washington, D. C., should be 
sworn to, and should contain the following data: 

(a) Applicant’s name; also any other names known by at time of 
registration. 

1 See subd. 10, Rulo 13. 

2 The certificate is not, however, conclusive evidence of citizenship nor to be regarded as 
res judicata in the case of the holder or his alleged wife or child. See bureau circular let¬ 
ters of Nov. 5 and 14, 1913, and .Tan. S, 1914, No. 53500-225. 

® See sec. 0, act of May 5, 1892, as amended by sec. 1, act of Nov. 3, 1893, and footnotes. 



RULES GOVERNING THE ADMISSION OF CHINESE. 57 

wTh®*' ' certificate of residence, if obtainable. 

AT. vV, Teon certificate ivas issued under act approved 

act approved November 3, 1893, amendatory thereof, 
tificate least approximate date of issue of ori^nal cer- 

(e) Applicant s place of residence (town, street, and number) and 
occupation at time of issuance of original certificate. 

(/) Applicant s present place of residence and occupation. 

(f/) Applicant’s present age and exact height, color of his eyes 
his complexion, and any physical marks or peculiarities that would 
aid in his identification. 

(A) A statement of the circumstances under which original certifi- 
cate was lost, including date, place, and every detail of such loss. 

(^) Amdavits of witnesses familiar, of their own personal knowl¬ 
edge, with the circumstances of the loss. 

(j) Three unmounted photographs of applicant, from a negative 
that has not been retouched; full front view, showing both ears, 
about 3 by 3 inches square, head IJ inches long from top of head to 
point of chin—one to be attached to the duplicate if issued, the 
others to be retained in the files of the bureau. 

(k) Time of applicant’s first, arrival in the United States and port 
of landing. 

(l) Name of witness to original application for registration. 

Rule 22. LIMITATION OF POWER TO ISSUE CERTIFICATES, 

Officers shall not issue any certificate, letter, or other document, 
or any duplicate thereof—other than those provided for by law and 
these regulations—setting forth the status of a Chinese person as a 
resident of this country or otherwise indorsing such person. 

Rule 23. ARRESTS AND PREVENTION OP FRAUD. 


Subdivision 1. Institution of deportation proceedings against 
fraudulent holders of certificates .—Chinese inspectors and immi¬ 
grant inspectors shall examine all Chinese persons resident or found 
within the United States not personally known to them to be legally 
entitled to be and remain in the country, and shall inspect the certifi¬ 
cates of residence or other papers found in the possession of such 
Chinese and conduct such examination as may be necessary to deter¬ 
mine the identity of the Chinese as the proper holder of such paper 
or to determine the status of such Chinese when no paper is pre¬ 
sented.^ If it is found that any Chinese person entered unlawfully 
or is unlawfully in the United States, proceedings under either or 
both the Chinese-exclusion and the immigration laws, looking to the 
deportation of such Chinese in accordance with the provisions of 
said laws 2 shall be instituted by such inspectors. Chinese who are 


1 For decisions as to who are laborers, see footnote 3 to act of 1893 (p. IG, ante). 

2 Chinese, as well as other aliens, who enter the United States surreptitiously enter “ in 
violation of law ” as contemplated by section 19 of the immigration act of Feb. 5, 1917 
(170 Fed., 566; 174 Fed., 674; 202 Fed., 65 and 914; 203 Fed., 25; 223 U. S., 67), and 
are to be deported to the transoceanic port of foreign embarkation (sec. 19, act of 1917 ; 
176 Fed., 933 and 998 ; 183 Fed., 260; 195 Fed., 693 ; 223 U. S., 67). Chinese who enter 
or are found in the United States in violation of the exclusion laws are subject to depor¬ 
tation under section 19 of the said immigration act, and are to be arrested in accordance 
with the provisions of said section (see footnote to sec. 19, p. 25, ante). In arresting 
Chinese under either or l)oth of said sections of the immigration act the provisions of 
Rule 22 of the immigration rules should be followed so far as applicable. For citations 
of court decisions rendered in connection with the arrest of Chinese, see footnotes to acts 
of 1888, 1892, and 1893, pp. 10-17, ante. 



58 RULES GOVERNING THE ADMISSION OF CHINESE. 

found to be illegally in the country after securing admission to the 
United States by claiming to be members of the exempt classes or 
the wiA'es or children of members thereof shall be arrested and 
deported.^ 

Sued. 2. Prevention of departure of Chinese for interior. —In ac¬ 
cordance with instructions to that end which shall be given by the 
officers under whose immediate supervision they serve, Chinese in¬ 
spectors and immigrant inspectors stationed on the land boundaries 
of the United States shall adopt proper measures to prevent the 
departure from cities, towns, or other places on or in the immediate 
vicinity of the land boundaries of Chinese who have not been ex¬ 
amined and whose papers have not been inspected in accordance with 
subdivision 1 hereof: Provided.^ That due precautions shall be adopted 
to avoid molesting bona fide residents of such places on the land 
boundaries, the purpose hereof being to prevent the departure for 
the interior of Chinese who have effected unlawful entry across such 
boundaries. 

SuBD. 3. Examination of witnesses. —Whenever information re¬ 
garding violations of the Chinese-exclusion laws is obtained by any 
inspector, it shall be promptly furnished direct to the officer in 
charge of the district involved; and to the end that immigration 
officers generally mav readily determine whether a Chinese witness 
under examination has previously testified, the following practice 
shall be observed: Such witnesses shall be questioned concerning 
material details^ with respect to members of their families and as to 
whether they are acquainted with any Chinese born in the United 
States, and a record shall be made of their testimony; a notation ^ then 
to be written upon the certificate of residence, certificate of identity, 
or other paper presented by witness as documentary evidence of his 
status, such notation to show name of station of the inspector and 
the office number of the case under investigation. Thus officers sub¬ 
sequently examining the same witness will become aware of the 
availability for comparison of the testimony gi^^en previously. 

Rule 24. PHOTOGRAPHING ARRESTED CHINESE. 

Subdivision 1. Expense authorized. —To insure the identification 
of Chinese arrested within the United States, the following instruc¬ 
tions shall be observed with respect to the photographing of such 
Chinese, the expense thereof to be borne by the appropriation ‘‘ Ex¬ 
penses of regulating immigration ” (Chinese). 

SiJBD. 2. Number of prints and disposition. —Every Chinese per¬ 
son arrested under the exclusion laws by an immigration or other 
official will be photographed immediately upon the consummation 
of the arrest, the photograph to be prepared in triplicate and not 
retouched nor- mounted, one copy to be attached to the United States 
court or commissioner’s docket, one to be furnished the officer in 
charge of the district in which the arrest occurs, and the other to be 
attached (in the event that deportation is finally ordered) to the 
writ of deportation. 

183 Fed., 832; 86 Fed., 605'; 133 Fed., 154; 133 Fed., 391; and Ex parte Chun Woi 
San, 230 Fed., 538 ; In re Chen Ilsi, District Court Northern District of California, not 
yet reported ; Lew Loy v. U. S., Circuit Court of Appeals, Sixth Circuit, not yet reported. 

2 Such as name, age, place of birth, residence, etc. 

2 This notation should be written across some of the printing or writing on the certifi¬ 
cate, so it can not be easily erased. 



RULES GOVERNING THE ADMISSION OF CHINESE. 59 

Sued. 3. shall take photographs. — When arrests occur at 

stations the omcers of which are supplied with photographer’s appa- 
latus, the photographs wull be made by such officers 5 when in other 
localities, the immigration officers will have the photographs made 
by local photographers at the least possible expense compatible with 
\ performance of the work, bills therefor to be rendered on 

the blank vouchers supplied for rendering accounts. 

Sued. 4. Oopg for court docket. —The copy of the photograph 
attached to the docket of the court or commissioner should be per¬ 
manently affixed thereto and in such manner as to render as remote 
as possible the chance of any change or substitution being made. 

Sued. 5. Copy for field office. — The copy furnished the officer in 
charge of the district will be placed in his office records, together 
with a short history of the case to which it relates, being filed in such 
manner as to furnish a comprehensive record that can be readily 
referred to when needed at any future time. 

Sued. G. Copy for wHt of deportation. — The copy attached to the 
writ in case of deportation should be affixed permanently thereto and 
in such manner as to prevent the substitution of some other photo¬ 
graph therefor,^ the objects of its use being to afford a means of 
identifying the alien as the person referred to in the writ, and to 
supply the immigration official at the port of deportation with a 
means of identifying the person delivered on board the vessel as 
such person. 

Rule 25. USE OP IMMIGRATION APPROPRIATION. 

SuEDivisiON 1. In enforcement of CMnese-exclusion laws. —The 
appropriation “ Expenses of regulating immigration ” should be 
charged with the expense of deporting Chinese aliens arrested under 
the immigration law (unless the transportation company is respon¬ 
sible for a part of such expense), and wdth the expenses connected 
with the deportation of Chinese under the Chinese-exclusion laws 
as shown in subdivisions 2 and 3 hereof: 

Sued. 2 . Maintenance of Chinese persons. —The cost of mainte¬ 
nance of Chinese persons who are taken into custody up to and in¬ 
cluding the date upon wdiich warrant issued by a United States 
judge or commissioner is received by the marshal;^ 

The cost of maintenance of such Chinese, commencing with the 
date writ of deportation is first received by the marshal, and, in case 
of appeal, cost of maintenance up to the date of such appeal, and 
from the date of receipt by the marshal of the court’s orders dis¬ 
missing the appeal; 

Sued. 3. Expense of deportation. — The cost of deportation, in¬ 
cluding railroad and steamship fares of prisoners and marshal or 
deputy; authorized expenses for guard hire; and maintenance en 
route. 

Upon receiving writs of deportation marshals should at once make 
written report to the Commissioner General of Immigration, Depart¬ 
ment of Labor, Washington, D. C.,, giving names of the Chinese, 
where confined in jail, and when the perod of appeal provided by 


1 The best method of obtaining this result is to impress the court or commissioner’s 
seal over the edge of the photograph in such a way as not to mar or deface the features 
represented thereby. ^ ^ 

^ Regarding cost of photographing, see subd. 8, Rule 24. 



60 RULES GOVERNING THE ADMISSION OF CHINESE. 

section 13 of the act approved September 13, 1888, will expire. 
Instructions will be then issued as to the route to be follbwed, number 
of guards to be employed, and to whom accounts are to be presented 
or forwarded for settlement. 

Sued. 4. Appointment of officers for deportation duty, —Pursuant 
to the provisions of the act approved June 23, 1913,^ any officer of 
the United States Immigration Service, Department of Labor, who 
may be detailed for that purpose by the Commissioner General of 
Immigration, is designated to accept custody of Chinese persons who 
may be ordered deported under judicial writs. Immigration officers 
to whom such Chinese are delivered by United States marshals shall 
give the latter a proper receipt showing such delivery and also, for 
completion of the court records, shall make return of the original 
writ in each case showing final disposition of the person named 
therein. 

Sued. 5. Expenses of United States marshalswhen payable. —In 
cases where United States marshals are requested to make delivery of 
Chinese for deportation at some point to reach which travel is re¬ 
quired, actual and necessary expenses will be allowed under the travel 
regulations of the Department of Labor. Government requests for 
transportation (Department of Labor) will be furnished when prac¬ 
ticable to marshals by officers of the Immigration Service for the pro¬ 
curement of tickets required to accomplish delivery of Chinese de¬ 
portees to designated points. Guard hire (when authorized) and 
personal expenses of such guards will be classed as “ traA^eling ex¬ 
penses ” of the marshal or deputy making such deliveries and must 
be supported by appropriate receipts as subvouchers. 

Sued. 6 . Submission of vouchers for expenses. — The accounts of 
jailers, sheriffs, or other officers for subsistence furnished to Chinese 
persons and which properly may be payable ffrom the appropriation 
‘‘ Expenses of regulating immigration ” shall be rendered on Form 
573 of the Department of Labor and transmitted by the marshal, 
after approval by him, to the commissioner of immigration or in¬ 
spector in charge of the immigration district whence each such 
Chinese person was ordered deported, for record and transmission to 
the department for settlement, accompanied by Form 421 duly cer¬ 
tified. A like method of transmission shall be followed in the case 
of vouchers on Form 571 for traveling expenses. 

Rule 20. SPELLING OP CHINESE NAMES. 

It is practically impossible to use any general and uniform method 
of spelling Chinese names. Such names are supposed to be rendered 
into English according to the science of phonetics, but there is a great 
divergence of opinion as to the letters of the English alphabet that 
ought to be used to represent certain sounds. With a view to obviat¬ 
ing this difficulty so far as may be possible, officers of the Immigra¬ 
tion Service engaged in investigating the cases of Chinese should 
observe the following practice: 

(a) If the name of the Chinese person has been used already in 
some previous stage of the case under investigation, continue the 
same spelling throughout the proceedings unless it is quite apparent 


1 For said provision, sop p. 20. ante. 








KULES GOVERNING THE ADMISSION OF CHINESE. 


61 


that a mistake has occurred and tliat the name (i. e., the somid) can 
not be rendered properly by means of the letters previously used, in 
which event a note explaining the change should be inserted in the 
paper in course of preparation. 

(&) When the name of the Chinese person arises primarily in 
connection with any case, represent it in English by means of the 
simplest and most accurate combination of letters which will produce 
the smind of such name—e. g., the name or sound Lui should be 
represented by the three letters not Louis^ Louie^ Looey^ etc. 

(c) Whenever the name of a Chinese person is obtained, after 
rendering it into English in accordance, with the foregoing, require 
such person to write his name in Chinese characters, inserting it in 
the paper being prepared immediately after the English equivalent. 
If the name is thus written in the shorthand notes of a stenographer 
employed in reporting the case, a tracing thereof should be inserted 
in the transcript of such notes. As the written language of China 
does not vary, no matter to what extent the spoken language may run 
into dialects and colloquialisms, this practice will insure the procure¬ 
ment of the Chinese person’s exact appellation. 

Rule 27. AUTHORITY, POWER, AND JURISDICTION OF INSPECTORS. 

Under the authority conferred by section 7 of the act approved 
February 14, 1903, entitled “An act to establish the Department of 
Commerce and Labor,” and the act approved March 4, 1913, entitled 
“An act to establish a Department of Labor,” the authority, power, 
and jurisdiction in relation to the exclusion of Chinese persons and 
persons of Chinese descent vested by law in collectors of customs 
are conferred upon and vested in the officers in charge of districts 
shown in Rule 28 hereof (or inspectors acting under their direction), 
such officers being under the control of the Commissioner General of 
Immigration; and pursuant to the said authority the Chinese and 
immigrant inspectors in the United States Immigration Service are 
liereby designated to exercise the powders of arrest conferred upon 
United States customs officials and collectors of internal revenue 
and their deputies by section 6 of the act approved May 5, 1892 
(27 Stat. L., p. 25),"as amended by section 1 of the act approved 
Xovember 3, 1893 (28 Stat. L., 7). 

Rule 28. ADMINISTRATIVE DISTRICTS. 

For convenience in enforcing both the immigration and the Chinese- 
exclusion laws the territory within which immigration officials are 
located is divided into districts, under the jurisdiction of commis- 



62 


RULES GOVERNING THE ADMISSION OF CHINESE. 


sioners of immigration or inspectors in charge, numbered, defined, 
and with headquarters fixed, as follows: 


Dist. 

No. 

Title of officer. 

Location of head¬ 
quarters. 

1 

Commissioner of im- 

Montreal, P. Q., Can- 


migration. 

ada. 

2 

.do. 

Boston, Mass. 

3 

.do.. 

Ellis Island, New 



York Harbor. 


Chinese inspector in 

U.S.Barge Office,New 


charge. 

York, N. Y. 

4 

Commissioner of im- 

Philadelphia I m m i - 


migration. 

gration Station, 



Gloucester City, 



N. J. 

5 

.do. 

Baltimore, Md. 

6 

Inspector in charge.... 

Norfolk, Va..... 

7 

.do. 

Jacksonville, Fla. 

8 

Commissioner of im- 

t 

New Orleans, I^a. 


migration. 


9 

Inspector in charge.... 

Galveston, Tex. 

10 

.do. 

Cleveland, Ohio. 

11 

__do. 

Chicago, Ill. 

12 

.do. 

Minneapolis, Minn.... 

13 

.do. 

St. Louis, Mo. 

14 

_do. 

Denver, Colo. 

ir) 

.do... 

Helena, Mont. 

10 

Commissioner of im- 

Seattle, Wash. 


migration. 

1 

17 

Inspector in charge.... 

Portland, Oreg. 

18 

Commissioner of im- 

San Francisco, Cal_ 


migration. 


20 

Inspector in charge.... 

Ketchikan, Alaska_ 

21 

Commissioner of im- 

San Juan, P. R. 


migration. 


22 

Inspector in charge.... 

Honolulu, Hawaii. 

23 

Supervising inspector. 

El Paso, Tex. 


?:xtent of districts. 


Eastern Canadian seaports and Canadian border 
east of the easterly line of Montana. i 

New England States, including port of Boston 
and subports of Portland, New Bedford, and 
Providence. 

New York and New Jersey; immigration matters 
only. 

New York and New Jersey; Chinese matters only. 

Pennsylvania, Delaware, and West Virginia; port 
of Philadelphia and substations of Pittsbmrgh, 
Chester, and Wilmington. 

Maryland and District of Columbia; port of Balti¬ 
more and subports of Annapolis and Washing¬ 
ton. 

Virginia and North Carolina; port of Norfolk and 
subports of Newport News and Wilminrton. 

Georgia, Florida, Alabama, and South Carolina; 
port of Jacksonville and subports of Savannah, 
Brunswick, Tampa, Miami, Key West, Pensa¬ 
cola, Mobile, and Charleston. 

I.ouisiana, Mississippi, Arkansas, and Tennessee; 
port of New Orleans and subports of Gulfport 
and Pascagoula. 

The port of Galveston and subports of Port Ar¬ 
thur and Corpus Christi, Tex. The territory 
bounded on the north and east by the I.ouisi- 
ana-Texas border and the Gulf of Mexico; on the 
west by the westerly boundaries of the following 
coimties in Texas: Shelby, Nacogdoches. An¬ 
gelina, Polk, San Jacinto, Montgomery, Harris, 
Fort Bend, Wharton, Jackson, Victoria, Refu¬ 
gio, San Patricio, and Ntieces; and on the south 
by the southerly boundary of Nueces County, 
Tex. 

Ohio and Kentucky; substations at Toledo and 
Cincinnati. 

Illinois, Indiana, Michigan, and Wisconsin. 

Minnesota and North and South Dakota. 

Missouri, Iowa, eastern Nebraska, eastern Kan¬ 
sas, and eastern Oklahoma; substations at 
Kansas City and Omaha. 

Colorado, Wyoming, Utah, western Nebraska, 
western Kansas, and western Oklahoma; sub¬ 
station at Salt Lake City. 

Montana and Idaho. 

State of Washington and Canadian border west of 
the easterly line of Montana; port of Seattle 
and subports of Tacoma, Port Townsend, 
Hoquiam, Everett, and Bellingham; substa¬ 
tions, Spokane, Walla Walla, Custer, and Nook- 
sack. 

Oregon; port of Portland and subport of Astoria. 

Northern California and Nevada; port of San 
Francisco; substations, Sacramento and Eureka. 

Alaska; port of Ketchikan and substations of 
Skagway and Nome. 

Porto Rico; port of San Juan and subports of 
Ponce and Mayaguez. 

Territory of Hawaii, including all ports. 

Texas, except portion compnsing district No. 9; 
New Mexico, Arizona, and southern CaUfomia, 
including seaports and border stations. 


1 See Rule 12, immigration rules. 


A. Caminetti, 

Commissioner General of Immigration, 


Louis F. Post, 

Assistant Secretary. 


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